Judgment judged
Accident in coffee gossip at work? Then they are not always insured
If you get coffee in the office, you should be careful. Because if something happens on the way there, you are often not insured, such a bizarre new judgment.
When you get a coffee or other Luxury food If employees are generally not legally insured in the company.
Unlike, for example, lunch, the way there is also a “self -economical performance”, as on Wednesday that Federal Social Court (BSG) decided in Kassel. But there are exceptions:
For example, if, for example, a slippery soil in the social area was responsible for the accident or the coffee required to maintain the concentration necessary for the work. (Az. B 2 U 11/23 R)
Coffee accident insured by an employee because it was slippery
The applicant is an administrative employee at a tax office in Hesse. As usual, she went to the social room around 3:30 p.m. to get a coffee there. Because this had just been wiped, she slipped and broke a lumbar vertebra when she falls.
After the opposite judgments of the lower courts, the BSG now judged that it was an insured work accident.
However, the Kassel judges initially emphasized the peculiarity of luxury foods: While food and mineral water during work breaks are necessary in order to continue working afterwards, this does not apply to coffee and other luxury foods. Other could only apply if the coffee was necessary to maintain a sufficient work concentration. This has not been determined here, the afternoon coffee was obviously more of a habit.
However, the Accident The BSG continued to go back to a “special operational danger” and is therefore an accident at work. Because in the event of a canteen, insurance cover usually ends at the access door, this is not necessarily the case with a social area.
Larger companies would have to hold up break rooms. This also served the exchange between the employees. With slipping on the wet soil, the risk of attributing the operational conditions and was therefore insured.
AFP
RW
Source: Stern
