JobRad model: Accident on the way to an inspection is an accident at work

So-called „JobRad“ models are becoming increasingly popular, especially in large cities. In these cases, the employer leases a bicycle for its employees, who can use it for commuting to work and for private use. The regional social court in Stuttgart has now ruled that the employee is also insured against accidents on the way to have the bike inspected. The ruling is not yet legally binding.

Accident at work or private accident? The Regional Social Court of Stuttgart has ruled

According to a ruling by the State Social Court of Baden-Württemberg, employees are also insured against accidents if they take a bike leased from their employer to a maintenance appointment and ride it back to their place of residence from there. The Stuttgart judges thus overruled a ruling by the Social Court in Ulm, which had classified the process as a private activity. In the specific case, the defendant company had provided employees with leased bicycles that they could use privately and for commuting to work. In addition, the employer stipulated an obligation for regular maintenance and inspection, which the employees must fulfill.

Injured on the way back from the workshop

On the way home from such an inspection, the claimant crashed on her employer's leased bike and seriously injured her left knee. The social court in Ulm and an employers„ liability insurance association had not recognized this accident as an accident at work, but as a private activity. However, the regional social court ruled otherwise. According to the competent judges, the special annual maintenance was a “work-related activity". They based their ruling on the fact that a connection to the company and to the work activity resulted from the company's specific inspection instructions to the employees. The journey from the inspection to home was therefore to be assessed as a journey to work.

Accident at work: Financial benefits for injured parties

The decision of the regional social court now has financial consequences for the accident victim and the employers' liability insurance association. As a result of the ruling, it is not the employee's health insurance that will have to pay for the treatment, but the employers' liability insurance association. This will not only have short-term effects. The cooperative will pay more sick pay and, in the case of serious permanent damage, a pension. The ruling is not yet legally binding; an appeal hearing before the Federal Social Court is still possible.