Accidents at work - definition, reporting obligation and prevention

Definition - What is an accident at work?

An accident at work is an accident at work - of course. But is it really that simple? No: accidents at work can happen in many areas of our everyday lives - not just at work. According to the German Social Code , an accident at work is an accident that insured persons suffer as a result of an insured activity. If an employee burns their hand on a pot of mulled wine at the Christmas party or a pupil sprains their foot on a school trip, these accidents also fall under the definition of an accident at work and are covered by statutory accident insurance.

The following cases count as occupational accidents:

• Accidents directly at the workplace
• Accidents during company sports, company outings and parties
• Accidents on the way to work
• Accidents while exercising a marital office
• Accidents while caring for a close relative (including at home)
• Accidents while attending school
• Accident involving the child while attending daycare or kindergarten
• Accident while providing assistance after a traffic accident

Even if aids such as glasses or hearing aids are broken or clothing is torn by first aiders, this counts as an accident at work. The accident insurance covers the damage.

What is a commuting accident?

Anyone who has an accident on the way to or from work has an occupational accident. Not only the direct route is insured: If a father drops his daughter off at daycare before continuing on to his company, accidents on this detour are also considered commuting accidents. If children have an accident on their way to daycare, kindergarten or school, these accidents are also considered commuting accidents and are covered by accident insurance.

Going to the toilet and lunch break - what is insured?

Accident insurance only covers activities that are directly related to work. While going to the toilet is still insured, going to the bathroom itself is not.

Going to the canteen is also insured. However, the insurance cover ends when you walk through the canteen door. So if an accident happens in the canteen, this does not count as an accident at work and is not covered by accident insurance.

If there is no canteen and employees go outside the company premises to get something to eat, these journeys are also covered by accident insurance - going to the bakery or the restaurant itself is not covered.

When is there no insurance cover?

In order to understand when accident insurance cover applies and when it does not, it is important to understand what an accident is in the first place.

The German Social Accident Insurance (DGUV) defines an accident as a "temporary, external event that affects the body and leads to damage to health".

So if injuries occur without external influences - for example in the case of a heart attack - this is not considered an accident at work and there is no accident insurance cover.

What is the employers' liability insurance association?

The employers' liability insurance associations are the accident insurance providers in Germany. There are the industrial employers' liability insurance associations, the agricultural employers' liability insurance association and the accident insurance funds.

The industrial employers' liability insurance associations are responsible for employees in private commercial enterprises. They are in turn divided according to the respective industries - so there are nine industrial employers' liability insurance associations. You can find the contact details of these accident insurance institutions at the German Social Accident Insurance (DGUV).

The agricultural employers' liability insurance association is responsible for employees, contributing family members and the self-employed in agriculture and forestry. You can find the contact details of this institution at SVLFG.

The accident insurance funds are the public bodies responsible for federal, state and local government employees and for children in daycare centers, kindergartens, schools and students. You can find the contact details of the respective accident insurance funds at the DGUV.

In the event of an accident at work, the relevant employers' liability insurance association provides full care and compensation for the insured person. Accident insurance not only covers medical treatment, but also pays injury benefit during the period of incapacity for work, provides for retraining or reorganization of the workplace to suit the needs of the disabled and pays the accident pension in the event of permanent damage to health as well as survivors' pensions in the event of death.

Reporting an accident at work - how, where and by what deadline?

If an accident at work causes an employee to be absent for more than three calendar days, you as the employer must report the accident. The accident day itself does not count towards this three-day period, but Saturdays, Sundays and public holidays do.

You must report accidents at work to the relevant employers' liability insurance association or accident insurance fund - this can be done online via the service portal of the accident insurance funds and employers' liability insurance associations. If you would like to print out the form and send it by post, you can find the U1000 form at the DGUV. You must keep a copy of the accident report with you - if there is a works council in the company, it will also receive a copy. Of course, the injured person also has the right to a copy of the accident report - you must expressly inform them of this right.

If a serious accident occurs that results in death, you must report the accident at work immediately.

Every accident that results in medical treatment must be reported to the school accident insurance.

The responsible accident insurance company then checks whether the conditions for an accident at work are met. This may involve questioning the injured person, witnesses to the accident or you as the employer. The accident insurance company will inform the insured person in writing whether it recognizes or rejects the accident as an accident at work.

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What to do in the event of an accident at work - a checklist for employers

In the event of an accident, it is important to keep a cool head. The following checklist should help you to stay calm and not forget any important steps.

Accident at work checklist

• Provide first aid and alert the emergency services - in the event of serious accidents
• Document accidents and injuries in the first aid book
• Inform injured parties to consult a transit doctor
• Inform occupational safety specialist and company doctor
• Report the accident to the employers' liability insurance association or accident insurance fund - in the case of accidents resulting in at least three days' incapacity for work or immediately in the case of accidents resulting in death
• Send a copy of the accident report to the works council
• Keep a copy of the accident report for your own files
• Inform injured parties about their right to a copy of the accident report

What is a transit doctor?

If it is already foreseeable that employees will initially be unable to work after an accident at work, you must advise them to consult a general practitioner. These are specialists in surgery and orthopaedics and are therefore trained in the assessment and treatment of accident injuries.

You can find the nearest accident insurance consultant on the DGUV's online search portal.

Continued payment of wages after an accident at work

Employees who are absent after an accident at work are paid their regular salary for the first six weeks. There is no difference here to other illnesses. If employees are unable to return to work after this period due to their accident at work, the relevant employers' liability insurance association or accident insurance fund will pay compensation amounting to 80% of the regular salary.

If a child has an accident at work at nursery, kindergarten or school, a parent can take time off work to care for the child and receive child injury benefit during this time. However, this only applies to children under the age of twelve. The pediatrician must issue a certificate confirming the need for care.

Compensation for pain and suffering - are employees entitled to it?

In most cases, employees are not entitled to compensation for pain and suffering in the event of an accident at work. Employers have a duty of care towards their employees - the well-being and safety of employees is therefore the focus of companies. The statutory accident insurance of the BG covers the costs of medical treatment and rehabilitation and, under certain conditions, grants pensions and injury compensation, but no compensation for pain and suffering.

Employees are only entitled to compensation for pain and suffering if they can prove that the accident at work was caused by deliberate action on the part of the employer or a colleague.

If the accident was caused by the fault of a third party, such as suppliers or external service providers, employees can claim compensation for pain and suffering and other damages from these third parties(third-party liability).

In such cases, the burden of proof lies with the injured party - he or she must prove that the accident was caused by the intentional or negligent behavior of another person.

Accident at work yes or no - examples

Example 1 - The commuting accident

Leon works as a financial accountant in a medium-sized company. His little daughter Ella has just turned two and goes to the "little lions" daycare center. As the daycare center is located between Leon's home and his workplace, he drives Ella there every morning. One day, just as Leon has dropped the little girl off at the Little Lions, another car hits him in the side at high speed. Leon suffers whiplash and is unable to work for several weeks.

As the journey to the daycare centre is a necessary and recognized detour in connection with Leon's journey to work, the accident is recognized as a commuting accident. The employers' liability insurance association therefore covers the costs of medical treatment and pays injury benefit during Leon's incapacity for work.

Example 2 - The "cherry pit accident"

Johanna works as a graphic designer in a small publishing house. She is at her most creative and focused when she is eating something sweet on the side. This morning, Johanna has brought some cherries with her and is munching on them with relish while she works on pictures. Suddenly, Johanna bites too hard on a hard cherry stone and knocks out her crown

This accident would most likely not be recognized as a work accident by the industrial employers' liability insurance association. The consumption of meals, snacks or drinks is generally regarded as a private activity, even if it takes place during working hours or at work. In this case, Johanna's health insurance or supplementary dental insurance would have to cover the treatment.

Example 3 - the "home office accident"

Sophie works as a software developer for an IT company and works from home. On a typical working day, she gets up from her desk to get a coffee in the kitchen. On the way there, she trips over a cable and falls, breaking her wrist.

As the accident happened during working hours and on the way to a necessary action - getting a coffee - it is recognized as an accident at work. Even when working from home, statutory accident insurance cover applies to accidents that are directly related to work-related activities.

Prevention - How can companies prevent accidents at work?

Employers can take a variety of measures to prevent accidents at work and ensure safety in the workplace. Here are ten things you can do to significantly reduce the risk of accidents at work and create a safe working environment.

1. carry out risk assessments

Regular risk assessments help to identify and evaluate potential risks in the workplace. Targeted accident prevention measures can be developed on this basis.

2. implement security policies and procedures

Establish and communicate clear and comprehensive safety policies and procedures. These guidelines should be accessible to all employees and should be regularly reviewed and updated.

3. training and further education

Regular training and further education on occupational safety are essential. Instruct your employees on the correct handling of machines, tools and work materials and train them on current safety standards.

4. provide personal protective equipment (PPE)

As an employer, you must provide the necessary personal protective equipment (PPE) and ensure that your employees use it correctly. This includes helmets, safety goggles, gloves, safety shoes and other specific equipment depending on the job.

5. design ergonomic workstations

To minimize physical strain, workstations should be ergonomically designed. This includes adapting workstations, tools and equipment to the individual needs of employees.

6. regular maintenance and inspection of work equipment

Maintain tools and machines regularly and check them for safety defects. Defective or worn equipment must be repaired or replaced immediately.

7. emergency plans and first aid measures

Draw up emergency plans and practise them regularly. This includes evacuation plans, fire protection measures and the provision of first aid equipment. Sufficiently trained first aiders must also be available in the company.

8. promotion of a safety culture

Promote a culture of safety in your company. This includes involving employees in safety programs, recognizing safety-conscious behavior and encouraging the reporting of safety deficiencies and near misses.

9. appoint safety officers

Appoint safety officers who are responsible for monitoring and implementing the safety measures. These persons must have the appropriate qualifications and knowledge.

10. implement risk management systems

A comprehensive risk management system helps to systematically identify, assess and manage risks. Review this regularly and adapt it to new circumstances.

Conclusion

An accident at work is defined as an accident suffered by insured persons as a result of an insured activity. This also includes commuting to work, detours or going to the toilet or canteen. Accidents without an external cause, such as a heart attack, are not covered by the insurance.

The employers' liability insurance associations and accident insurance funds are responsible for accident insurance and offer comprehensive benefits - from medical treatment and injury benefits to retraining and pensions. Employers are obliged to report accidents at work if they lead to an incapacity to work of more than three days or have serious consequences.

Preventive measures to avoid accidents at work include, for example, carrying out risk assessments, providing personal protective equipment, training, promoting a safety culture or implementing risk management systems.

Accidents can happen even with the best prevention. In such cases, accident insurance offers comprehensive support.

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