Because the benefits of accident insurance is often significantly higher than those of health insurance, the recognition of a disease as an occupational disease or an accident to be connected as a work in individual cases with significant financial advantages. Therefore there is a lot of court decisions on the question of when to be regarded as an accident at work and that the accident is committed to services. A particularly important decision for this is a decision of the Federal Social Court, are insured under the workers on the way to the cafeteria or a break room of the company. When taking a meal break in the handle essich Although a private affair of the employee, but one way of standing to the canteen as well as the return to work under the protection of the legal Unfallversicherung.Sogar if the employee is contrary to existing instructions that it had saved from the accident or respect of which do not exist to the accident could have been, statutory accident insurance is required for payment. This shows an example of a Worker, who had orders to stay at his place of employment. He has preferred to go home and sleep there.
When he crashed on the way back to employment location, did not pay the insurance. Reason: He would have had to stay at work is done, the journey home would be his private pleasure was. The Federal Social Court saw the matter differently, however – there was understanding of his desire to stay at home. The judges decided to travel accident and pledged to pay the insurance. Even if you do, for example, before starting work major detour, because you want to be treated medically in a particular clinic, and then from there the direct way to work takes up, this way is under the protection of the statutory accident insurance, decided the Federal Social Court in another case (2 RU AZ 10/89). The judges pointed out explicitly that in this case the reason for the detour, namely a medical treatment before starting work, be decisive and not the length of the detour. The rate was 31 km in this case.