Verdict accident also goes to the bathroom

Berlin Administrative Court: civil service differently from employees
(Jur). An accident of an officer in the toilet of the service building applies during working hours as a service accident. The Berlin Administrative Court ruled in a ruling announced on Wednesday, May 25, 2016 (Ref .: 26 K 54.14). The case law on the statutory accident insurance of ordinary employees is not transferable to civil servants.

Thus, the administrative court of a municipal office of the district Friedrichshain-Kreuzberg right. She had encountered the open window of the toilet room during a visit to the toilet. A laceration and bruises had to be medically treated.

Image: Igor Mojzes - fotolia

The city council official wanted to recognize this accident as a service accident. The state of Berlin rejected this, however. As a reason, it referred to the case law of Bavarian administrative courts.

The Administrative Court Berlin, however, now disagree. It obliged the country to recognize the event as a service accident.

A service accident presupposes a bodily injury "as a result of a sudden event in exercise or as a result of the service". This is the case here. The necessary connection of the accident with the service is given as a rule, if as happened here the accident "during the service time at the place of employment", explained the Berlin judges.

It is true that the visit to the toilet itself is "not recognizable as a work-related activity". Nevertheless, toilets belonged to the area of ​​risk directly controllable by the employer. Therefore, the conditions for a service accident are given.

According to the case-law of the social courts, the visit to the toilet, as well as lunch, are to be considered as the privacy of the workers. Accidents on the toilet or in the cafeteria are therefore not considered occupational accidents for statutory accident insurance. However, according to the administrative court of Berlin, this is "not transferable to civil service law".

Against this ruling of May 4, 2016, the Administrative Court allowed because of fundamental importance the appeal and also the so-called jump revision. The latter requires the consent of both parties and would lead directly to the Federal Administrative Court in Leipzig. mwo / fle