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Verdict: Unjustified body search an accident at work


LSG Darmstadt: The search was purely professional
The psychological consequences of an unjustified body search must be compensated for as an accident at work if the search is solely due to professional activity. Accordingly, this also applies to damage to health caused by other professional police measures, such as the Hessian State Social Court (LSG) in Darmstadt in a judgment announced on Thursday, November 2, 2017 (file number: L 3 U 70/14).

One rail worker was right. She worked at the service point of the long-distance train station at Frankfurt Airport. During her work, the platform inspector gave her a backpack, the contents of which she documented in the presence of a colleague. Later, however, money, jewelry and a computer hard drive were missing from the backpack.

Officials from the federal police took the train employee to the police station. There she had to undergo a body search and completely undress for this. As a result of this unnecessary and degrading measure, the 44-year-old developed a mental illness.

The federal and rail accident insurance did not want to recognize this as an accident at work. Police control was a private matter that interrupted accident insurance coverage.

According to the Darmstadt judgment, accident insurance must recognize an accident at work here. Private acts would have played no role in the body search. The trigger and the reason "was solely the professional activity of the railway employee". She also pursued this activity “properly in accordance with the official regulations”.

Such police measures are also an "external event affecting the body", the LSG continues. According to the law, it is a prerequisite for an accident at work that such an external event leads to health damage.

Here, "the unjustified measures taken by the police (...) immediately led to feelings of being at the mercy, helplessness and helplessness". Therefore, there is a health damage. The sole reason for this was professional activity, according to the LSG in its judgment of October 17, 2017.

However, the judges emphasized that this does not automatically apply to every police measure. There would be no accident protection, for example, if employees want to avoid a traffic or ticket check during a business trip or on the way to or from work and are therefore subjected to police coercion. mwo / fle

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