Factsheet for measure
SI-2021-53/2121
– measures in Slovenia
Compensation for damage caused by COVID-19 vaccination or medical treatment
Odgovornost za škodo cepljenja proti COVID-19 in zdravila za zdravljenje COVID-19
Background information
The tenth anti-COVID-19 law (ZDUPŠOP), issued on 29 December 2021, endows people negatively affected by COVID-19 vaccination or medical treatment with the right to monetary compensation. The statutory provision aims at helping people who suffer from ‘grave and permanent reduction in vital body functions’. It has a retroactive effect and is also valid for people vaccinated or cured before the law came into force. Those concerned are entitled to compensations based on the
Communicable Diseases Act
(Zakon o nalezljivih boleznih, ZNB), which guarantees payments for mandatory vaccination damages.
Content of measure
Compensation for damage caused by COVID-19 vaccination or medical treatment can be allocated to the following people:
-
People vaccinated or cured by registered vaccinations or medicines and, as a consequence of their application, suffering from grave and permanent reduction in vital functions.
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In the case of fatality, a spouse or partner is entitled to compensation. Also entitled are parents of a child below 18 years of age and above 18 if they support the child or were sharing the same household.
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In the case of fatality, children below 18 years of age and above 18 if the late person was supporting them are also entitled.
In the first case, the compensation is €60,000, €10,000 in the second, and €20,000 in the third.
The procedure for establishing the ‘grave and permanent reduction in vital functions’ and eligibility for the compensation is the same as for mandatory vaccination damages, specified in the
Communicable Diseases Act
. An additional condition is the evaluation of damage to health or death by the National Institute of Public Health (NIJZ) in the case of COVID-19 vaccines and the Agency for Medical Products and Medical Devices (JAZMP) in the case of COVID-19 medicines.
Use of measure
Compensation is paid from the state budget within 30 days after the decision becomes final. The payment is exempted from the personal income tax.
Target groups
Actors and funding
|
Actors
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Funding
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National government
|
National funds
|
Social partners
Social partners' role in
designing the measure
and form of involvement:
|
Trade unions
|
Employers' organisations
|
|
Role
|
No involvement
|
No involvement
|
|
Form
|
Not applicable
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Not applicable
|
Social partners' role in the
implementation, monitoring and assessment phase:
-
No involvement
-
Main level of involvement: N/A
Involvement
The law was adopted without prior consultation with the Economic and Social Council. Its functioning has been blocked since 14 May 2021, when trade unions left the council. The reason for obstruction is a dispute with the government about the role of social partners. While the government claims that social partners have only a consultative role, trade unions request negotiations. According to the trade unions, the government negates the fundamental principles of the social dialogue.
Views and reactions
No information available.
Sources
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29 December 2021: Act on Additional Measures to Stop Spreading and Mitigate, Control, Recover and Eliminate the Consequences of COVID-19 (Zakon o dodatnih ukrepih za preprečevanje širjenja, omilitev, obvladovanje, okrevanje in odpravo posledic COVID-19, ZDUPŠOP), Official Gazette, No. 206/200
(www.pisrs.si)
