New verdict: “Get some fresh air” at work not insured against accidents

New verdict: “Get some fresh air” at work not insured against accidents

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LSG Stuttgart: Looking after the bike on your own responsibility
If workers go out for a breath of fresh air during their work or if they want to check that their bike is parked due to a storm, they are not protected by statutory accident insurance. This was decided by the State Social Court (LSG) Baden Württemberg in Stuttgart in a recently published judgment of March 27, 2017 (file number: L 3 4821/16).

In the specific case, it was about an administrative employee employed by a community college. One weekend she wanted to prepare upcoming VHS courses in the VHS office, which was located in the administration building of a savings bank.

During her working hours, she “took a breath” and wanted to check her bike because of an approaching storm. She went out of the building through the side entrance that served as an escape route and came to the fenced parking lot of the Sparkasse. When a gust of wind dropped the building door, the woman was caught in the parking lot. So she tried to climb over the two-meter-high fence. She injured her right ring finger. One end of the finger had to be amputated. She wanted the accident to be recognized as an accident at work.

But the responsible trade association rejected this. The woman went to the parking lot for "own economic reasons" and not as part of an insured job.

The LSG also refused to be recognized as an accident at work. In the event of an accident at work, there must be a connection with the insured activity. Climbing the fence did not serve the intended preparation of the courses. There was also no accident-insured "company route", even if the woman was on her way to the office. Because the plaintiff had "significantly interrupted" her insured activity because of a private activity, the "gasp" or to look after the bicycle.

Accident insurance protection can also exist in individual cases if the insured activity is interrupted, if "the interruption is only very small in terms of time and space and serves a purpose that is carried out" in passing "and" on the side ". However, this was not the case here, according to the LSG. She moved away from her work place two floors outside. The way to the parking lot alone takes several minutes.

According to the jurisprudence of the social courts, a visit to the toilet and lunch in the canteen are also attributable to self-employed activities and employee privacy. Accidents in the toilet or in the canteen are therefore not considered work accidents for statutory accident insurance. fle

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