Wrong
In terms of accident law , it is a mistake if the insured employee leaves his usual way to work to deal with private matters and then returns to the usual way to work.
General
In contrast to the detour , the insured person changes the route to the destination insured under accident law (place of work or place of residence ). Private matters include refueling , shopping, or visiting the doctor . This interruption of the commute is considered leisure traffic or vacation traffic and is therefore not part of the commute. There is no insurance coverage during this time.
Legal issues
What counts as the way to work in detail is finally listed in § 8 SGB VII . According to this, the commute to work is an accident-insured activity, so that an accident on the way to work is insured as an accident at work . The aberration is not mentioned here; it begins when you leave the insured route and ends when you return to the insured route. However, if an accident happens on the way, it is not insured. The term "direct" used in Section 8 of Book VII of the Social Code makes it clear that, in principle, only the direct route to and from the insured activity is protected by statutory accident insurance. If the insured person does not move on such a direct route, but rather by taking a wrong turn in the opposite direction from this destination, he is on the wrong track. Incidentally, when it comes to the way to work or away, “way” does not refer to the distance , but rather to the distance covered by movement . An interruption to the way to work in the form of going astray is already considered if the insured person checks the road surface for smoothness after leaving the apartment, slips and only then uses his vehicle to work.
literature
- Henning Rabe von Pappenheim (ed.): Lexicon labor law . Hüthig Jehle Rehm publishing group , 2012, ISBN 978-3-8073-0288-1 , p. 40 .
- Marcus Schiltenwolf, Markus Schwarz (Hrsg.): Lexicon - assessment in medicine . Springer-Verlag, 2013, ISBN 978-3-642-17602-9 , pp. 4th f .
Individual evidence
- ↑ Henning Rabe von Pappenheim, Lexikon Arbeitsrecht , 2019, p. 46
- ↑ BSG, judgment of December 20, 2016, Az .: B 2 U 16/15 R = NJW 2017, 1424
- ↑ Henning Rabe von Pappenheim, Lexikon Arbeitsrecht , 2019, p. 46
- ↑ BSG, judgment of January 23, 2018, Az .: B 2 U 3/16 R = NJW 2018, 2149
