What shapes the right to sickness allowance in Polish and German sickness insurance? Selected issues

Abstract

The author analyzes selected legal solutions in both Polish and German sickness insurance, trying to find the answer to the following question — what determines the shape of these legal solutions concerning sickness allowance? Do the Polish and German legislators base only on the category of social risk of temporary incapacity for work (understood as incapacity for work caused by illness and resulting in loss of earnings), or do they also use other criterions? The analysis of Polish and German solutions leads to the conclusion that in many cases both legislators deviate from social risk as a criterion that shapes sickness allowance and the right to this allowance is often determined by the need. However, the departure from the criterion of social risk in sickness allowance in both legislations does not always occur in the same areas. The analysis can be helpful in constructin the right to sickness allowance based more on the criterion of social risk, which should constitute the basic category of social insurance as one of the parts of social security.