The Insurance Court - a special court of law
The Insurance Court is an independent and impartial special court for income security matters that under the law fall under its jurisdiction.
The Insurance Court Act (673/2016) and the Act on Legal Proceedings in Insurance Court (677/2016) constitute the legal basis for the Court's activities. In the Court's application of the law, the Administrative Judicial Procedure Act (808/2019) applies.
Judicial proceedings in the Insurance Court can be conducted either in Finnish or Swedish. It is also possible to use the Sámi language under the conditions prescribed in the Language Act.
Matters dealt with by the Insurance Court
The Insurance Court has jurisdiction in matters concerning, for example, a person's right to earnings-related pension, national pension, unemployment benefit, wage guarantee, housing allowance, financial aid for students and disability benefits paid by the Social Insurance Institution of Finland, benefits according to the Health Insurance Act, rehabilitation, right to compensation on the grounds of occupational accidents and diseases, criminally caused injuries, military injuries or military accidents.
The Insurance Court is the only court with jurisdiction in the above matters, except in certain cases of occupational accidents and diseases. The Court's jurisdiction does not include matters concerning vehicle or household insurance, or any other private insurance matters.
The appeals system in income security matters
Matters concerning income security are generally dealt with in two phases. In general, appeals concerning decisions made by institutions and companies granting different benefits must be made to the appeals boards dealing with such matters. Appeals against the decisions of these boards must be lodged with the Insurance Court. Judgement of the Insurance Court are normally not open to appeal. In certain cases concerning occupational accidents and diseases, it is possible to make a request for a leave to appeal to the Supreme Court. In other matters, the Insurance Court is the highest appeal body and there is no right of appeal against its judgement.
Furthermore, in certain cases fulfilling the legally established prerequisites, the Insurance Court may repeal its own final decisions, or final decisions made by the appeals boards.
Organisation of the Insurance Court
The Insurance Court has three judicial departments and an administrative department.
The Court's activities and its efficiency are the responsibility of the Chief Justice.
The Court’s Management Group consists of the Chief Justice, the heads of department and the Secretary General. The Management Group supports the Chief Justice in the management and development of the Insurance Court's activities.
Decision-making and court members participating in it
The cases to be decided are presented by a referendary. The referendary may be an insurance court referendary, an assessor or an insurance court judge.
The Chief Justice, heads of department, insurance court judges, assessors, chief physician and other physician members, expert members who are familiar with working conditions or business activities and expert members with expertise in military injuries are involved in deciding cases before the Insurance Court. The panel is chaired by a member versed in the law (Chief Justice, head of department, other insurance court judge or assessor).
All of them are subject to the legal responsibility of a judge., and have given a judicial responsibility oath.
Depending on the group and the kind of case at hand, one, two, three or five court members participate in the decision-making. The Insurance Court may decide on a measure other than the final main decision without the expert members of the Court.
The panel participating in decision-making comprises three members versed in the law.
If a medical investigation may influence the judgement of the case, the panel consists of two legal experts and one physician.
In addition to the above-mentioned members, two expert members with knowledge of working conditions, business activities or military disability take part in the consideration of cases concerning earnings-related pensions, occupational accident and diseases, unemployment security, wage guarantee and military injuries or military accidents.
Cases to be decided by a two-member panel, consisting of one legal expert and one physician member, are set out in section 4 of the Act on Legal Proceedings in Insurance Court. In the case of a two-member panel, the case must be referred to a three-member panel if the members are not unanimous in their decision.
The cases to be decided by a single legal expert are set out in section 5 of the Act on Legal Proceedings in Insurance Court.
Published 24.2.2014