| The jurisprudence of the social courts recognizes that an accident is not only an accident at work if it occurs during company-related activities at work, but also if it involves a specific company-related hazard. Against this background, the LSG Baden-Württemberg has decided that an employee is also covered by statutory accident insurance if a forklift truck hits him while gasping for air in a break area on the company premises designated by the employer. |
When he was not assigned a specific job, the employee had been lawfully staying in a designated break and smoking area on a company’s premises to catch his breath. A forklift hit him. He suffered a forearm fracture and a sprained knee joint. The employers’ liability insurance association refused to recognize an accident at work because the employee was doing a private job at the time of the accident. The LSG Baden-Württemberg, on the other hand, found an accident at work: There was a specific operational hazard here. The increased danger of forklifts compared to everyday road traffic has been proven by studies by the German Social Accident Insurance (DGUV) and is the subject of special accident prevention regulations. An employee can rely on not being exposed to any increased dangers compared to general life during a permitted break, even in an area designated by the employer (LSG Baden-Württemberg, judgment of February 27th, 2023, Az. L 1 U 2032/22, retrieval No. 234057).
Important | The LSG allowed the appeal to the Federal Social Court. Because the case law to date has not finally clarified whether the insurance cover due to a specific operational risk only exists in the immediate vicinity of the specific workplace or also in a more distant break area like here.