| Tittel: | The situation calls for VAR: A Danish perspective on the application of the Workers’ Compensation Act to injuries of professional football players performing for the National Team | | Ansvar: | Marlene Louise Buch Andersen | | Forfatter: | Buch Andersen, Marlene Louise  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Tidsskrift for erstatningsrett, forsikringsrett og trygderett | | Utgitt: | Oslo : Universitetsforlaget, 2025 | | Omfang: | S. 1-26 | | Serie: | Tidsskrift for erstatningsrett, forsikringsrett og trygderett ; 1/2025 | | Emneord: | Idrett / Vitenskapelig publikasjon | | Stikkord: | Arbejdsskadesikringsloven (Danmark) 2022 / Arbejdsskadesikringsloven (Danmark) 2022 § 2 / Lovbekendtgørelse om arbejdsskadesikring (Danmark) | | Geografiske emneord: | Danmark | | Innhold: | When accidents occur within the boundaries of the National Team, it seems unclear from a legal perspective whether the injury could be categorized as a work-related injury covered and compensated by the Danish Workers’ Compensation Act. 1. Consolidated Act no. 919 of June 25, 2024, on Workers’ Compensation (Lovbekendtgørelse om arbejdsskadesikring). For a person to be covered by the Act, the person needs to be employed to perform work for an employer in this country. 2. Consolidated Act no. 919 of June 25, 2024, on Workers’ Compensation, § 2, part 1, first sentence. The establishment of an employment relationship is crucial. Therefore, the main legal question for this article is how one would categorize the relationship between the professional football player and the National Team in relation to the Workers’ Compensation Act: Would it be an employment relationship, self-employment, or something in between? 3. Read more about football players’ injuries within the boundaries of the club in Helle Isager, “Tilskadekomne fodboldspillere – arbejdsskade eller fritidsskade” in René Franz Henschel og Karsten Engsig Sørensen (eds.), Festskrift til Hans Henrik Edlund, Karnov Group, 2024, 77–86. Upon examination of the relevant legal framework, the article concludes that the football players’ participation on the National Team has the character of an “employment relationship” within the meaning of the Workers’ Compensation Act, § 2, section 1, which stipulates that a person “employed to perform work” for an employer is covered by the Act. The analysis in this article shows that the power of instruction lies with the Danish Football Association in cooperation with the National Team coach. As a result, from an insurance law perspective and according to § 48 of the Workers’ Compensation Act, the Danish Football Association must take out the mandatory insurance covering work-related injuries and illnesses covered by the Workers’ Compensation Act.
Keywords: Workers’ Compensation, Football Players, National Team, the concept of employee | | Del av verk: | Tidsskrift for erstatningsrett, forsikringsrett og trygderett 1/2025 |
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