Title: Garden Gone Wrong: Parents' Council Member's Accident Coverage Upheld by Court
In a surprising turn of events, a German court ruled that a volunteer from a parents' council who lost several fingers while sawing tree slices for the kindergarten's Christmas market on their private property, is still eligible for insurance coverage. This ruling, handed down by the 2nd Senate of the Federal Social Court (BSG) in Kassel, has set a precedent for similar cases involving accidents during voluntary tasks for kindergarten events.
The disputed incident occurred in 2017, with the volunteer designated to cut tree slices for the kindergarten's annual Christmas market. While carrying out the work on his private property, a tragic accident occurred, leaving him with severe injuries to his left hand.
Contrary to the defendant, the Thuringia Accident Insurance Fund, as well as the Gotha Social Court and the Thuringia Regional Social Court, the BSG ultimately recognized the incident as a work-related accident. The court justified their decision by emphasizing that the volunteer was engaged in their role as a part of the parents' council during the statutory scope of duties of the municipality responsible for the kindergarten at the time of the accident. The assignment of the sawing work by the kindergarten and parents' council further supported this position.
The BSG clarified that the insurance coverage extends to voluntary work "for" the institution without any temporal or spatial limitations. Regardless of whether the sawing work was performed on the volunteer's private property or not, the insurance would still provide protection.
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The far-reaching implications of this ruling have drawn significant attention to Germany's insurance coverage for accidents during voluntary tasks, particularly when those tasks occur on private property. Previous German law did not include specific provisions addressing these scenarios, creating a vague legal landscape for individuals involved.
While it is largely up to the specific insurance packages and policies held by these volunteers to provide necessary coverage, there are several types of insurance that might apply in cases such as this:
- Statutory Occupational Accident Insurance (Berufsgenossenschaftliche Unfallversicherung): Typically covering employees, volunteers are often not considered as such and would not fall under this category.
- Private Accident Insurance: Volunteers participating in such events may be covered under personal accident insurance, which can provide coverage for leisure activities as well.
- Civil Liability Insurance: If found liable for an accident, civil liability insurance can provide coverage. However, its application to private properties and voluntary work remains somewhat unclear.
- International Health Insurance: For volunteers working abroad, international health insurance could be relevant but would not provide coverage for accidents during sawing work in Germany.
Though each situation is unique, this decision from the BSG sets an important precedent in the field of insurance coverage for volunteers during accident-prone tasks, including those performed on private property.
