Drank too much at the company party, stayed on the company premises – and then had a serious fall. Does that count as an accident at work? That’s the ruling of a court.
Drinking too much at a company party and then spending the night at the company is something that can happen. But what if you get seriously injured – does statutory accident insurance cover it? In case of doubt, no, as a court decision shows.
The case involved an employee who stayed overnight at the company after a Christmas party. The next morning, he fell on the way to the toilet in the stairwell and suffered paraplegia. The man complained that the fall should be recognized as an accident at work. However, the Stuttgart State Social Court rejected his claim. (Ref.: L 10 U 2477/20) The legal portal “anwaltauskunft.de” of the German Bar Association (DAV) points to this case.
Reason: The incident happened after the event had ended and not at the location of the celebration. The man had remained on the company premises after the celebration without permission. According to the court, his early morning trip to the toilet was no longer connected with his insured participation in the Christmas party.
Swen Walentowski from the Bar Association explains the decision: This shows that the coverage of statutory accident insurance generally ends at the end of regular working hours. An exception only applies if the employee still fulfills company duties after work or changes clothes or rests on the company premises for an insured activity.
