Accident at work: Information for employees

An accident at work within the meaning of statutory accident insurance is any accident that leads to damage to health and occurs in connection with an insured activity.

The term insured activity is to be understood broadly. It does not only include activities that are carried out on the basis of an employment relationship. Commuting to work and school is also covered. In addition, voluntary work, blood and organ donations as well as assistance due to accidents such as traffic accidents are also covered.

The decisive factor for classification as an accident at work is ultimately the assessment of whether the action leading to the accident was for a predominantly private benefit or whether it was business-related with regard to an insured activity.

This means that accidents during a break or on the way to work may not be considered an accident at work. This is the case, for example, if the journey to work is interrupted to do some private shopping and an accident occurs. On the other hand, detours on the way to work that are made to look after children or to carpool with colleagues are covered by statutory accident insurance and are therefore recognized as accidents at work.

The accident insurance institution decides whether an accident is recognized as an accident at work. In most cases, this is the respective employers' liability insurance association or the accident insurance funds or other public accident insurance institutions.

The decisive factor is always which insured activity was carried out in connection with the accident.

If the accident is not recognized as an accident at work, you should review this decision promptly with the help of an experienced lawyer and take legal action if necessary. It is important to act quickly so as not to miss any applicable deadlines.

Anyone who has been injured in an accident at work is entitled to a wide range of benefits from statutory accident insurance. The specific benefits that can be considered depend on the type and severity of the health damage in question.

The most important services include:

• The assumption of medical treatment costs and any necessary rehabilitation treatment.
• The assumption of travel and other travel costs incurred due to the treatment. This also includes any necessary accommodation costs.
• Payment of injury benefit for the period of incapacity for work.
• The payment of an accident pension in the event of permanent damage.
• Reimbursement of costs for the disabled-friendly design of the workplace.
• The reimbursement of costs for retraining.
• The payment of a survivor's pension if the accident at work results in death.

On the other hand, compensation for pain and suffering is generally not paid. In most cases, property damage is also not covered by the accident insurance provider. Exceptions to this are benefits for necessary aids such as glasses or prostheses that have become unusable as a result of the accident at work. Material damage caused by providing first aid in the event of an accident is also generally covered.

The employer and, if applicable, the accident insurance institution should be informed immediately of the accident at work. If it is an accident at work in connection with an employment relationship, the employer is obliged to notify the accident insurance institution. This must be done within three days of becoming aware of the accident.

Following the notification, the injured party should immediately consult a so-called transit doctor. These are specialized doctors in the field of accident medicine. Visiting your own family doctor is generally not sufficient, except for the most minor injuries.

In particular, it is mandatory to consult an accident insurance physician if the accident at work

• incapacity to work occurs,
• medical treatment is expected to be necessary for more than one week,
• the prescription of remedies or aids becomes necessary.

Likewise, an accident insurance consultant must be consulted if a subsequent or renewed illness occurs as a long-term consequence of the accident at work.

It may also be necessary to consult an expert specialist. This is particularly the case if there are already pre-existing conditions. The expert has the task of determining whether the existing health damage results from the accident at work or is due to another cause.

After an accident at work, a lawyer can help you take the necessary steps to receive the benefits to which you are entitled. In the event of a dispute, they can also help you to ensure that the accident insurance company recognizes the accident as a work accident. If the accident insurance company has already refused to recognize it as such, they can appeal against this decision and, if necessary, take legal action on your behalf.

In addition, he can advise them with regard to reintegration under employment law and represent them in and out of court. This applies in particular in cases where the employer gives notice of termination due to the work accident or the resulting damage to health.

We help you quickly and competently nationwide in labor law!

Contact the law firm Haas und Kollegen now:

06173 - 318 170

info@haas-eschborn.de

Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt

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