No accident protection on the way from the doctor during working hours

Social Court Dortmund: doctor's visit is a private matter
If workers suffer a traffic accident on their way from the doctor during working hours, there is no accident at work. Even an insured road accident to the workplace is fundamentally unreasonable, the Dortmund Social Court emphasized in a ruling announced on Friday, March 23, 2018 (Ref .: S 36 U 131/17). When driving from the doctor's office to the workplace, a commuting accident can only be assumed if the stay at the doctor is at least two hours, according to the Dortmund judges, who thus followed the case law of the Federal Social Court (BSG).

(Image: Jonas Glaubitz / fotolia.com)

The specific case involved a worker from Siegen who had to go to the orthopedist during his working hours. After the doctor's visit, he suffered a traffic accident on the way back to work. A rib bruise and a shoulder bruise on the left side were the consequences.

The man wanted to have the accident recognized by the trade association wood and metal as an accident at work.

But the accident insurance refused. The doctor's visit was an uninsured private activity. An accident at work is therefore not present.

Even before the Social Court, the employee had no success. In their judgment of 28 February 2018, the Dortmund judges made it clear that "measures to maintain or restore health, such as the doctor's visit in the present case" are to be attributed to the personal sphere of life. There is no insurance cover for such a private matter.

Also there is no insured road accident. It is true that insurance cover exists when the employee drives from a so-called third place to his place of work. However, according to the case law of the SPA of 5 July 2016, the actual stay at this "third place" - here the doctor's office - last at least two hours (Az .: B 2 U 16/14 R, JurAgentur message from the day of the judgment). Otherwise, it would not be possible to delineate uninsured detours for private transactions, such as purchases or refueling, from insured routes. fle / mwo