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Labor Court Vaccination after flu vaccination no accident at work
An employee who suffered vaccine damage following a flu vaccination offered by the employer has gone to court. The judges have now decided that the woman has no claim to recognition of her damage as an accident at work.
Vaccine damage after flu vaccination
Whether a flu vaccine makes sense, argue health experts and laymen. A Bochum museum staff member has decided to do so and suffered a vaccine damage. After an occupational flu shot, the woman fell ill with the Guillain-Barré syndrome, which among other things leads to a feeling of numbness in the legs. The employee then sued the Verwaltungs-Berufsgenossenschaft for recognition of an accident at work, but has now failed with its lawsuit before the Dortmund Social Court. In Germany, there is an occupational diseases list of the Federal Ministry of Labor and Social Affairs for years.
Vaccine damage no occupational accident. Image: Production Perig - fotolia No higher risk of infection
The judges ruled that the plaintiff was not entitled to recognition of her vaccination damage as an accident at work (Ref .: S 36 U 818/12). According to media reports, the company medical vaccine had been offered by her employer. In view of the public's traffic in the museum, the woman wanted to protect herself from a risk of infection. However, according to the judges, the recognition of an accident at work is only considered if the risk involved in the activity necessitates flu vaccination in addition to general health care. However, that was not the case with the applicant in the museum. Although she had had contact with visitor groups, the risk of infection had not been greater than at other workplaces with contact with colleagues and the public or in the private sector, for example when shopping. (Ad)