Court strengthens employees
Missed the turn-off, but still insured
Aug 27, 2026 – 7:59 a.mReading time: 2 minutes
The protection provided by statutory accident insurance is very limited. But there are exceptions, as the Federal Social Court has now found.
The protection provided by statutory accident insurance has narrow limits: it only applies at work and on the direct route to it or on the way back home. Even the smallest deviation from your commute, such as a stop at the bakery or gas station, can mean loss of insurance coverage.
However, the situation is different if the direct route home is unknowingly abandoned due to illness. This is shown by a recent ruling by the Federal Social Court kassel (Az: B 2 U 6/24 R).
Missed turn, collided with truck
The case under discussion involved a Deutsche Post employee who was on his way home from work. The man suffers from diabetes and has to inject himself with insulin regularly.
On the way home, the man missed the turnoff to his house in his car. A short time later there was a collision with a truck, in which the man sustained serious injuries. The paramedics and the emergency doctor diagnosed the victim with hypoglycemia.
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However, the employers’ liability insurance association did not consider the incident to be an insured commuting accident – after all, the accident did not occur on the direct way home. But the professional association failed with this argument before the Federal Social Court (BSG).
Action tendency is crucial
According to the court, the decisive factor is the insured person’s tendency to act. The man had not consciously decided to leave the insured route to deal with private matters. Instead, his diabetes significantly influenced his behavior and eliminated his ability to form his own will. Hypoglycaemia can lead to, among other things, confusion and disorientation, dizziness and a loss of consciousness.
Accordingly, the accident is to be classified as a commuting accident. The man is therefore entitled to benefits from statutory accident insurance.
