Accidents (Section 8 SGB VII)

A workplace accident is an ACCIDENT
(a sudden and unforeseen external event that results in injury or death)

 

sustained by an INSURED INDIVIDUAL

while undertaking an INSURED ACTIVITY(work-related activities including travel to and from work, official work-related travel and the storage, transportation, maintenance or replacement of work equipment engaged in in connection with an insured activity).

 

What criteria must be met for an event to qualify as a workplace accident?

• The event must result in injury or death.
• The term ‘injury’ also includes damage to, or loss of, medical aids or appliances (e.g. prescription glasses).
• The event must be sudden and unforeseen.
• The event must be caused by external factors.

The following activities are not covered by occupational accident insurance:

non-work related activities, e.g. having lunch or using company tools or equipment for private purposes

Note:

An accident report form must be submitted if the injury sustained in the accident resulted in costs or it cannot be ruled out that the injury will result in costs or if the insured individual is unfit for work for more than three calendar days as a result of the injury.

All other first aid incidents (minor accidents) must be recorded in the accident book or on accident record forms. The information recorded on first aid incidents must be protected from unauthorised access, and all data protection legislation in force (General Data Protection Regulation, Bundesdatenschutzgesetz (Federal Data Protection Act, BDSG)) must be complied with. Keeping records of first aid incidents is important as such records can serve as evidence that an event qualifies as a workplace accident. The accident book or accident record forms must be retained for five years. Keeping such records will usually ensure that staff members are covered for late-appearing workplace accident injuries or workplace accident injuries that initially seemed minor.