Social insurance in Switzerland
Disability, accident, old-age provision...
In Switzerland, the term social insurance designates a system of protection designed to ensure financial support or coverage against certain risks or specific needs related to personal or professional life. This system is based on the principle of solidarity and covers various essential areas.
Social insurance comprises mandatory or voluntary schemes established by law to protect individuals against social risks such as old age, illness, disability, accidents, unemployment and maternity.
Main social insurance schemes in Switzerland:
- OASI (Old-Age and Survivors' Insurance): ensures an income after retirement or for survivors in the event of death.
- DI (Disability Insurance): provides support in the event of incapacity to work due to disability.
- OPA (Occupational Pension): complements OASI/DI to ensure a decent standard of living in retirement.
- UI (Unemployment Insurance): protects workers in the event of job loss.
- Mandatory Health Insurance: ensures access to medical care.
- AIA (Accident Insurance): covers the costs of occupational and non-occupational accidents.
- Income Compensation (IC): supports income in the event of military service, civilian service or maternity/paternity.
- SB (Supplementary Benefits): top up insufficient incomes for OASI/DI beneficiaries.
These insurance schemes are generally financed by contributions levied on the income of insured persons and employers, as well as by public contributions.
In the event of a dispute concerning your rights or benefits, it is essential to consult a lawyer sufficiently in advance, so that the lawyer has a complete file on you in order to defend your interests as well as possible.
Table of contents
Last updated: 01.09.2025
How to challenge a social insurance decision?
Contentious procedure
The exact procedure is not identical for every type of dispute (disability, accident, unemployment, etc.). It is therefore imperative to read the decision in each situation to identify the applicable time limits and to consult a lawyer sufficiently in advance.
Challenging a decision issued by a social insurance body depends on the branch concerned. Schematically, the procedure unfolds as follows:
- Initial decision: the insurer or cantonal social authority issues a written decision concerning benefits, claims or significant orders.
- Objection: The insured person may file an objection to this decision within 30 days of its notification. The objection must be filed in writing and with reasons, with the authority that issued the initial decision. This procedure is free of charge.
- Decision on objection: The insurer or cantonal social authority examines the objection and issues a new reasoned decision.
- Appeal: If the insured person is not satisfied with the decision on objection, they may lodge an appeal within 30 days with the competent cantonal court, generally the one located at the insured person's domicile or place of work. The appeal must be reasoned and contain submissions.
- Cantonal court judgment: The cantonal court examines the appeal and issues a judgment. In Geneva, for instance, the competent judicial authority is the Social Insurance Chamber of the Court of Justice.
- Appeal to the Federal Supreme Court: Judgments issued by the cantonal court may be challenged before the Federal Supreme Court, within a time limit of 30 days as well.
In the event of a dispute concerning your rights or benefits, it is essential to benefit from prompt legal advice to defend your interests.
Documentation and external links:
Although it is possible to file an objection or an appeal yourself with the competent cantonal court, it is strongly recommended to call on a lawyer or any other professional, owing to the complexity of the procedure, which involves legal and medical concepts.
It is often necessary to follow up with the authority or to obtain a copy of your file in order to determine the progress of the procedure. In disability-insurance matters, the procedure can take several months. A lawyer can help you and update you on the progress of the procedure after requesting a copy of the insurance file.
Is the involvement of a lawyer necessary?
In this respect, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment.
I have still not received a decision after several months
Disability insurance (DI)
Coverage in the event of total or partial disability, before retirement
Purpose of the insurance
Disability insurance (DI) aims to guarantee the means of subsistence for insured persons who have become disabled, whether through rehabilitation measures or pensions. It covers all persons domiciled in or engaged in gainful employment in Switzerland. Disability is defined as a reduction in earning capacity or in the ability to perform usual tasks, resulting from an impairment to physical, mental or psychological health. This incapacity must be permanent or long-lasting (at least one year) and may be due to a congenital infirmity, an illness or an accident.
Disability insurance (DI) in Switzerland is a mandatory social insurance forming part of the first pillar of the Swiss social-security system, alongside the Old-Age and Survivors' Insurance (OASI) and supplementary benefits (SB).
DI operates on the principle that rehabilitation takes precedence over the right to a disability pension. Its main benefits include rehabilitation measures, disability pensions and helplessness allowances.
The calculation of the degree of disability depends on the insured person's professional situation.
Full-time worker
For persons engaged in full-time gainful employment, two incomes are compared: the income without disability, corresponding to what the person could earn if they were not disabled, and the income with disability, which represents what the person can still earn despite their health impairment. For instance, if a person could earn CHF 60,000 without disability and can now earn only CHF 27,000 with their disability, their degree of disability would be 55 %.
Person without gainful employment
For persons without gainful employment (for example, homemakers), the usual activities performed before and after the occurrence of the disability are compared. Limitations are expressed as a percentage for each activity, then weighted and summed to obtain the degree of disability.
Part-time worker
For persons engaged in part-time gainful employment, a combination of the two preceding methods is used: the hypothetical percentage of gainful activity without disability is first determined and the degree of disability is calculated separately for the gainful activity and for usual tasks. The degrees of disability thus obtained are then weighted according to the hypothetical rate of activity.
Amount of the pension
Since 1 January 2022, a new system of linear pensions has been in force for disability insurance (DI):
- For a degree of disability of 70 % or more: 100 % of the pension (full pension).
- For a degree of disability between 50 % and 69 %: the percentage of the pension corresponds exactly to the degree of disability.
- For a degree of disability between 40 % and 49 %: the pension ranges from 25 % to 47.5 %.
- A degree lower than 40 % does not give entitlement to a pension.
The amount of the pension in francs depends on several factors, in particular the number of years of contributions up to the disability and the average annual income.
In 2025, the maximum amount of the pension (pension scale 44) was CHF 2,520 per month.
Documentation and external links:
To challenge a decision of the Disability Insurance Office (OCAS), you must act quickly, within a time limit of 30 days. It is therefore imperative to consult a lawyer sufficiently in advance, so that the lawyer has a complete file, in particular on the medical side, to file a challenge in due time.
Disability is an economic notion, not a medical one — that is, only the question of loss of income in connection with your state of health is relevant; the mere fact that your doctor states that you can no longer work is generally not sufficient.
It must also be determined whether you are fit to work in an adapted activity suitable for your functional limitations. Moreover, in terms of evidence, the opinion of the treating doctor is generally treated with caution by the authorities, as the treating doctor tends to favour their patient.
A medical expert opinion is often produced by the Disability Insurance Office in order to determine the extent of your incapacity for work. Such an expert opinion may be challenged, in particular by contrary medical opinions providing evidence to the contrary, with a certain preponderant probative force.
How to challenge a refusal of a pension by the Disability Insurance Office?
In this respect, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment.
I am being refused a pension, despite being totally unfit for work
For any question on this topic, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment
Accident insurance
Covers occupational and non-occupational accidents, as an insured employee or self-employed person
Principle of the insurance
Accident insurance in Switzerland is a social insurance that is mandatory for employees working at least 8 hours per week for the same employer. It covers the financial and medical consequences of occupational accidents, non-occupational accidents and occupational diseases.
Accident insurance (abbreviated AIA, or LAA in French) is distinct from ordinary health insurance and generally provides better protection in the event of an accident, in particular in terms of coverage of costs and additional benefits. It only applies in the event of an accident. An accident is defined as "any harmful, sudden and involuntary impact on the human body caused by an extraordinary external cause which impairs physical, mental or psychological health, or causes death".
Thus, AIA coverage in Switzerland mainly includes occupational and non-occupational accidents. This encompasses injuries in the workplace (such as falls or machine-related accidents), as well as accidents in the context of leisure, traffic or at home. Accidents occurring on the journey between home and work are also treated as occupational.
Concerning occupational diseases, the AIA covers conditions linked to exposure to harmful substances (such as asbestos or solvents) or to specific working conditions (such as excessive noise). Case law also admits cases treated as accidents, such as dislocations or ligament ruptures due to sudden movements or unusual efforts, even without an obvious external force. Finally, the AIA also covers certain specific cases, such as injuries during work-related assaults, accidents caused by natural disasters in a professional context, and accidents occurring during sporting activities in a specific context. The exclusions mainly concern psychological disorders without an identifiable accidental event, or degenerative diseases, unless they are connected with a covered accident.
The best-known accident insurer is the SUVA (Swiss National Accident Insurance Fund), but other insurance providers are possible depending on the employer and the sector of activity concerned.
Benefits granted by accident insurance
The benefits include, in particular, the coverage of medical costs linked to the accident without the insured person's contribution, the payment of daily allowances, of disability and survivors' pensions if necessary, as well as coverage of care abroad up to twice the amount of the costs that would have been incurred in Switzerland.
Dispute with accident insurance
In terms of disputes, the main disagreements concern the recognition of the accidental nature of the insured person's conditions, as well as the date of recovery (status quo ante or sine). Indeed, if the condition results predominantly from illness or aging (wear of limbs, shoulder, knee, etc.), it is generally not covered by accident insurance, but by health insurance or disability insurance. Exceptions may exist.
Documentation and external links:
Decisions of accident insurance, whether SUVA or any other insurer, must be challenged with reasons within a time limit of 30 days. It is therefore imperative to consult a lawyer sufficiently in advance, so that the lawyer has a complete file, in particular on the medical side, to file a challenge in due time.
Accident insurance may grant benefits for certain bodily injuries, even if they are partly of degenerative origin, under certain conditions, in particular if they are not preponderantly due to wear or to an illness and they were triggered at least by what is known as an accidental event.
The accident insurer may be released from its obligation to pay benefits if it proves that the injury is mainly (more than 50 %) due to wear or illness. This proof must be provided by medical experts, taking into account all the causes of the bodily injuries concerned.
In practice, a large number of disputes in this field concern the rotator cuff (shoulder), the meniscus (knee) or ligaments. It is therefore important to have complete medical documentation in order to support your file as best as possible before the insurer or the court. Often, a medical expert opinion will have to be produced to determine the predominant origin of the disorder at stake.
How to challenge an accident-insurance decision (SUVA)?
In this respect, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment.
Accident insurance refuses to cover my case on account of degenerative lesions
For any question on this issue, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment.
Retirement insurance
OASI (1st pillar), OPA (2nd pillar) and private provision (3rd pillar)
The old-age provision system in Switzerland rests on three pillars, each playing a specific role in ensuring the financial security of retirees.
1st pillar (state provision): the mandatory Old-Age and Survivors' Insurance (OASI) aims to cover basic vital needs. It is financed by contributions from active workers and employers, according to a principle of solidarity between generations.
2nd pillar (occupational pension): this is the mandatory occupational pension, often called the "pension fund". Its aim is to maintain the retiree's usual standard of living, as a supplement to OASI. Contributions are shared between employer and employee.
3rd pillar (private provision): this is voluntary individual saving with tax advantages. It complements the first two pillars to maintain, as far as possible, the standard of living enjoyed before retirement.
In the event of disability, it is also possible to receive a disability pension from your pension fund (2nd pillar) or to release the capital accumulated as part of private provision (3rd pillar) or insurance benefits, if a policy to that effect was taken out.
The calculation of the OASI pension in Switzerland rests on several main criteria. The contribution period is essential, a full period corresponding to 44 years. Each missing year reduces the pension by approximately 2.3 %. The amount also depends on the average annual income on which contributions were paid — a high income increases the amount of the pension.
The reference amounts range from CHF 1,225 for the minimum pension to CHF 2,450 for the maximum individual pension, with a ceiling for couples set at CHF 3,675. Obtaining the maximum pension requires a complete contribution period and an average annual income of at least CHF 88,200.
Specific adjustments apply according to personal choices: early retirement reduces the pension by 6.8 % per year of anticipation, whereas deferral increases the pension according to its duration. The final calculation of the pension is made at the time of the insured event (old age, disability, death). It is advisable, in particular from the age of 55, to request an advance calculation from the compensation fund in order to estimate the amount of the pension.
If you are a national of the European Union (EU) or EFTA and came to Switzerland before the entry into force of the free movement of persons (1 June 2002), contribution years completed abroad may be taken into account (this is notably the case for Portuguese or Spanish nationals), which can substantially increase the amount of the pension granted in Switzerland.
What to check to determine whether the amount of the pension is correct?
For any question on this issue, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment.
I have worked in the European Union or EFTA
For any question on this issue, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment.
SB: Supplementary benefits to OASI
In addition to the payment of a DI or OASI pension
Supplementary benefits (SB) to the Old-Age and Survivors' Insurance (OASI) and to disability insurance (DI) are financial aids granted to eligible persons when pensions and other income from these insurance schemes do not cover basic vital needs. They form an integral part of the Swiss social-security system and supplement OASI pensions in order to ensure a minimum income.
The calculation of supplementary benefits (SB) is based on the following formula: Supplementary benefits = Recognised expenses − Determining income. The annual supplementary benefit corresponds to the amount of expenses recognised by law that exceeds the person's determining income.
Recognised expenses: the main expenses taken into consideration include a flat-rate amount for basic vital needs, rent (for persons living at home), health insurance premiums, as well as, where applicable, costs for stays in a nursing home.
Determining income: the income taken into account comprises in particular OASI/DI pensions, income from wealth, a share of wealth (1⁄10 or 1⁄5 depending on the case), as well as a hypothetical income from gainful activity in certain situations.
The majority of disputes concern requests for restitution of benefits, in particular following a recalculation. It is particularly important for foreign nationals to declare all their wealth, including any real estate abroad. In the event of an inheritance or a change in financial situation, the competent cantonal authority must be informed immediately.
The authority is asking me to reimburse a very large sum
Provided that the reimbursement decision is legally founded, it is possible to request a remission from the authority concerned, so that the debt is extinguished or reduced.
To request a remission in case of supplementary benefits received wrongfully, two main conditions must be met: (1) the person concerned must have received the unduly paid benefits in good faith, and (2) the reimbursement must place the person in a difficult situation.
The request for remission must be submitted in writing within a time limit of 30 days from the notification of the decision of the Supplementary Benefits Service (SPC). It is important to demonstrate to the SPC that these two conditions are met when the request is filed.
For any question on this issue, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment.
The authority refuses to pay me benefits on account of asset divestment
One speaks of asset divestment in supplementary-benefits matters when a person (1) waives income, a share of wealth or other rights without a legal obligation and without adequate consideration; (2) transfers or gives away a share of their wealth without a legal obligation and where the consideration does not reach at least 90 % of the value of the transfer; or (3) uses up their wealth excessively over a given period.
Excessive use of wealth exists in particular: (1) for wealth above CHF 100,000, when expenditure exceeds 10 % of the wealth per year without a significant reason; (2) for wealth below CHF 100,000, when expenditure consumes more than CHF 10,000 of the wealth per year, without a significant reason.
In case of asset divestment, the authority virtually adds back the wealth concerned into the benefit calculation. This means that hypothetical wealth is imputed to the beneficiary, as if they still held this money.
Certain expenditures are not treated as asset divestment if they meet significant reasons, such as current expenses necessary for subsistence when income is insufficient, or expenditure aimed at maintaining the value of the home.
For any question on this issue, please contact the firm or telephone 022 707 99 11 to arrange a meeting at a flat-fee rate. You can also book an online‑appointment.
Contact
If you would like further advice, please do not hesitate to contact the firm's secretariat by telephone to arrange a meeting at a flat-fee rate. You can also reach the firm using the contact details and means below. You can also book an online appointment
Telephone Telephone
Tel. : 022 707 99 11
9 am-12 pm & 2 pm-5 pm, Monday-Friday
Email Email
Public transport Public transport
By tram : no. 14 and 15, " Stand " stop
By bus : no. 1 and D, " Stand " stop
By car : parking available on rue Jean-Petitot
The office (VS Avocats) is located on the 4th floor.
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