No accident protection on the way from the doctor's office to work

BSG: exception after two hours stay
Kassel (jur). After a doctor's visit in the morning, the subsequent trip to work is usually not accident-insured. The other applies only if the stay in practice lasted at least two hours, judged on Tuesday, July 5, 2016, the Federal Social Court in Kasel (Az .: B 2 U 16/14 R).

Thus, the BSG dismissed a warehouse worker from Bavaria. For health reasons, he has to have his blood examined three to four times a year. He had agreed with his employer that he went to the doctor in the morning and then comes to work later. On the day of the accident, he also cycled to his GP in the morning. After 40 minutes, he left from there to his place of work. On the way he collided with a car.

Image: Andrey Kuzmin - fotolia

According to the German Social Code, besides the work itself, the "direct route to and from the place of activity" is covered by accident insurance. After constant BSG jurisprudence detours are not insured by this usual and most suitable way. However, the journey to work - for example after an overnight stay outside one's own home - can also begin at a "third place", if this does not lead to a disproportionately long work path.

But in case of dispute, the doctor's office was not such a "third place" and the way from there to work therefore not insured, judged the BSG. As grounds, the Kassel judges referred to their own decision of 1998 (judgment of 5 May 1998, ref .: B 2 U 40/97 R). Thereafter, the stay at the "third place" must have lasted at least two hours.

The BSG Accident Council now stuck to this. Otherwise, it is not possible uninsured detours for private errands, such as purchases or refueling to delineate. There is no practical criterion other than a minimum length of stay. Also, therefore, there are "no constitutional objections to this judicial boundary".

According to the Kassel ruling, however, such deviations from the regular work path are again covered by accident protection if the employee is finally back on a route that also belongs to the regular route. mwo / fle