Who at a privately organized adoption of colleagues in an accident suffering is not, in principle protected by the statutory accident insurance. This is true even if the event is held in premises of the employer and a supervisor because, the Social Court in Berlin participating in a decision dated 9 December 2010 (file number: S 98 U 794/08).
A worker had visited together with many colleagues, an event in which several employees celebrated their strike. The event took place after work in the employer's premises, which could be used free of charge.
private character
On the way home from the celebration of the workers suffered an accident. He broke a lumbar vertebra. The consequences of this accident, he wanted to take his professional association to complete. refused, pointing to the private nature of the farewell party but from this it to provide insurance coverage.
The matter ended up before the Berlin social justice. There, the injured person suffered a defeat.
Basically, the court, is also a farewell party under the protection of the statutory accident insurance. Condition is that it is a joint business event is that is not only approved by the employer. Of them was in the case of the plaintiff but not likely.
only tolerated
Participation in the celebration was Although open to all employees. It was attended by many employees. After the conclusion of evidence, however, the farewell party was prepared independently by the participants, equipped and financed. From the employer of the injured it was merely tolerated, that it took place after hours in the operating rooms.
In the circumstances, therefore, were neither the party nor the way home under the protection of the statutory accident insurance. Also, the fact that evidence that a supervisor had participated in the ceremony does not change anything.
"For an event can only be met by the authority of management, if the organizer is not not only of their own accord and free decision, but in agreement with the company management or for that act, "the court said in its ruling.
which was based on the outcome of the inquiry but not likely. The action of the victim to his professional association was rejected as unfounded.
security for all cases
makes it an accident because of permanent health damage is not yet come to financial problems, you should not rely solely on the statutory accident insurance. Unlike the law provides a personal accident insurance protection around the world Clock, ie both in accidents at work and at play.
addition, the level of hedging on the individual needs and personal preferences are shaped. Insurable include cash benefits for accidental death or cosmetic surgery and a hospital benefit.
heart of a private accident insurance is particularly an arbitrary amount of capital and / or pension benefits in case of disability. This allows, for example, additional costs for accessible housing absorb and compensate for accidental income deficits.
0 comments:
Post a Comment