Teacher receives after the Winnenden-killing spree higher accident severity

VGH Mannheim rejects the application for approval submitted by the Land
(Jur). A former teacher of the Albertville secondary school in Winnenden is due to the rampage of a student on 11 March 2009, increased accident compensation and a one-time accident compensation. Even if the offender passed the teacher's classroom and the murders were committed on another floor of the school, the teacher was "objectively endangered," the Verwaltungsgerichtshof (Baden-Württemberg Administrative Court) said on Tuesday, March 15, 2016, announced decision (ref .: 4 S 1251/15). The Mannheim judges thus rejected the country's coveted admission to appeal.
Background of the lawsuit was the rampage of the 17-year-old trainee Tim K. at the Albertville secondary school in Winnenden in Rems-Murr-Kreis. The former student, armed with a gun and armed with a gun, appeared at school and shot nine students and three teachers. On his escape, he killed three more people. Then he killed himself with a headshot.

Image: vege - fotolia

After the rampage, the school was initially set, the students and the teaching staff psychologically supervised. The teacher complaining in the recent lawsuit suffered a mental illness as a result of the incident, which recognized the country as a service accident and led to her invalidity. The woman was finally retired.

The country granted her an accident pension. However, the teacher claimed an increased pension as well as a one-off accident compensation, currently 80,000 euros. According to the applicable rules, this requires that she has suffered her accident "in the exercise of the service by an unlawful attack".

But the country refused the higher accident compensation and compensation. The woman had never been subjected to the objective danger of assault or killing during the rampage. Tim K. walked past her classroom and committed the murders of students and colleagues on another floor. It was also a "generalized attack", which was not specifically aimed at the applicant.

The Administrative Court of Stuttgart, however, awarded the teacher the increased accident compensation and the compensation. The woman was objectively endangered and within the reach of the offender. For the 17-year-old had not only used a long-range firearm and a number of cartridges in the three-digit range. He had also been mobile in the school building and had on the day of the tattag with the utmost emphasis pursued the also repeatedly implemented intention to kill students and teachers. As long as Tim K. was on the school grounds, the applicant had been within his reach.

In its decision of 23 February 2016, the VGH now confirmed the decision of the Administrative Court and rejected the application for appointment filed by the Land. Thus, the first instance judgment is final. Prerequisite for the increased accident benefit and the accident compensation is an objective danger in which the official suffers a body injury due to a targeted injury act of the attacker. This not only involves - as assumed by the country - a risk of impairment of physical integrity, but also if there is a risk of mental illness. This is the case here. (Fle / mwo)