Section 79 of the Austrian Prison Act: when a benefit after release may be examined following a work accident in prison and which records matter.
Mag. Christopher Angerer, Rechtsanwalt
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After an accident at work or a relevant illness during imprisonment, a special benefit under section 79 of the Austrian Prison Act may have to be considered. The key issue is whether the reduced capacity for work continues after release.
The rule requires a clear medical and chronological review. This article explains the minimum period, the 20 percent threshold, the records that matter and the procedural route. It therefore addresses a different question from immediate accident reporting or medical treatment in custody.
The assessment separates release, duration, medical reduction and evidence.
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Classify the current medical and timing records.
Check whether the incapacity results from an event or illness covered by section 76 of the Austrian Prison Act, lasted at least three months and reduces capacity for work by at least 20 percent. It must also continue after release.
If release is approaching, keep records of examinations, treatment and the work performed in custody. Section 79 requires a period of at least three months and continuation of the reduction in capacity after release.
If medical records, accident details or a decision are missing, create a dated file first. It should cover the event or illness, work performed, treatment, the three-month period, the release date and symptoms after release.
If the benefit was refused or stopped, the full decision, its reasoning and the period assessed are decisive. The review should establish whether the statutory conditions and the duration of the reduction were considered in full.
Section 79(1) of the Austrian Prison Act links the benefit to incapacity for work resulting from an accident at work or an occupational disease within the meaning of section 76. The event or illness must not have been deliberately caused by the person. The incapacity must also last at least three months and reduce capacity for work by at least 20 percent.
The special benefit focuses on the period after custody: the reduction must continue after release. An accident during work in a prison therefore does not automatically establish an entitlement.
The statutory review has two connected duration and threshold questions. First, the incapacity must last at least three months. Second, capacity for work must be reduced by at least 20 percent. Both points require a reliable medical basis.
Under section 79(2), the benefit is paid only for the period in which the reduction remains at least 20 percent. This does not create an automatic promise for life. A later change in health may matter for the continuing assessment.
The full course should be arranged in chronological order: the work and accident or onset of illness, first symptoms, examinations, treatment, the period of at least three months, the release date and symptoms after release.
Medical records that make the restriction on capacity for work understandable are particularly important. Accident reports, applications, decisions and release documents may also matter. Mark missing periods clearly instead of filling them with assumptions.
The existing overview of work accidents in prison covers immediate treatment, reporting and general documentation. Those records may provide important starting material for a section 79 review.
Section 79(2) refers to provisions of the General Social Insurance Act for the amount of the benefit, reassessment and related questions. The amount therefore cannot be calculated from the Prison Act alone and cannot be stated responsibly without medical and social-insurance data.
The first task is to establish whether the statutory conditions are met and how long the reduction of at least 20 percent continues after release. Only then can a calculation or later change be assessed in a meaningful way.
Section 84 sets out which authority decides benefits under the Prison Act. The responsible Federal Ministry generally decides. For certain benefits transferred to a health insurance institution, the provision describes a route through that institution.
The applicable route therefore depends on the specific benefit and on the decision. If a benefit is refused or stopped, keep the complete decision, reasoning and date of service. A general deadline or remedy cannot be named responsibly without that decision.
The table separates statutory conditions from the evidence used to examine them.
| Element | Statutory core | Useful evidence |
|---|---|---|
| Event Accident at work or occupational disease | Classification under section 76, not deliberately self-caused | Course of events, work, records and reports |
| Duration At least three months | Incapacity must reach that period | Treatment and medical timeline |
| Threshold At least 20 percent | Statutory minimum reduction in capacity for work | Medical assessment and progression |
| Timing Continuation after release | The reduction must continue after release | Release evidence and later records |
| Procedure Section 84 | Authority depends on benefit and transfer | Decision, reasoning and date of service |
The table is not a medical or legal assessment and does not state a benefit amount.
For medical records and complaints in custody, see also Medical treatment in prison. That documentation does not replace the section 79 review, but it can prepare it.
The special benefit under section 79 requires the statutory conditions and continuation of the reduction in capacity after release. The date of the accident alone is therefore not decisive.
No. Section 79 refers to a reduction of at least 20 percent and the duration described there. Complete or lifelong incapacity is not stated as a general condition in the provision.
No. The duration, 20 percent threshold and continuation after release must also be examined. Section 76 also contains the relevant restriction for an event deliberately caused by the person.
A responsible amount cannot be stated without medical and social-insurance data. Section 79(2) refers to provisions of the General Social Insurance Act for the amount and reassessment.
Keep the complete decision, reasoning and date of service. Then review which authority decided and whether the conditions, duration and continuation after release were assessed correctly.
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