Social compensation under the SGB XIV
Versorgungsverwaltung (social care administration) · Compensation under a duty of state responsibility
Social compensation law was brought together into a single Act on 1 January 2024, and the most important sentence about it is this: there are four grounds, not one. § 1 SGB XIV names them expressly — damage caused by acts of violence (§§ 13 to 20, formerly the Victims’ Compensation Act), by the effects of the two world wars (§§ 21 and 22, formerly the Federal War Victims Relief Act), by events during civilian service (§ 23), and by vaccinations or other specific prophylactic measures (§ 24, formerly § 60 of the Protection against Infection Act). Anyone who only knows one of these generally overlooks the one that applies to them.
What links these four cases is a special duty of the state to make amends — not that anyone is liable. This is exactly where the practical value lies: for an act of violence, the compensation does not depend on whether the perpetrator is caught, convicted or able to pay. Civil-law claims for pain and suffering continue to exist alongside it, but they run to nothing if no one can pay. Social compensation does not.
The point at which most people give up before they have even started is the question: “But I cannot prove that it comes from that.” The law does not require that proof either. § 4 Abs. 4 SGB XIV lets the probability of the causal link suffice, and defines it expressly: it exists “where, according to the current state of medical science, more speaks for than against a causal link”. More for than against — that is a markedly lower standard than the civil-law standard of proof. If the cause remains unresolved in medical science, subsection 6 also applies, the so-called discretionary provision (Kann-Versorgung): the consequence can nevertheless be recognised with the consent of the Federal Ministry of Labour and Social Affairs.
And if documents are missing, a second form of relief comes into play, which hardly anyone knows about: under § 117 SGB XIV, your own statements can be made the basis of the decision if evidence is not available, cannot be obtained, or has been lost through no fault of your own — “insofar as they appear credible in the circumstances of the case”. Credible is not the same as proven: it is enough that, among several possibilities seriously to be considered, one is relatively the most probable. Missing files are therefore an obstacle, but not a ground for exclusion.
