Facts
A., born in 1969, suffered an accident in 2011 with complete traumatic tetraparesis and functional disorders. The Swiss Accident Insurance Fund (Suva) granted him a helplessness allowance and home care services.
In 2017, the Suva reduced the contributions for home care, which A. unsuccessfully contested.
A. filed a complaint in public law matters and requested that the Suva fully assess his basic care needs or need for non-medical assistance at home and set a corresponding contribution without taking into account the helplessness allowance.
Considerations
The Federal Supreme Court partially upholds the complaint. It states that the entitlement to a helplessness allowance under Art. 26 ATIA and the entitlement to a contribution for non-medical assistance at home under Art. 18 para. 2 lit. b ATIR partly overlap and partly complement each other. When determining the contribution for non-medical assistance at home, the helplessness allowance must therefore be taken into account in the assessment of the claim.
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