Title: Oops, They Did It Again: Parents' Council Volunteer Wins Insurance Coverage After Finger-Sawing Mishap
In an unconventional twist of events, a parent council member who sheared off several digits while slicing Christmas tree decorations on their personal property, emerged victorious in a court battle against their insurance company. Ruled in their favor by the 2nd Senate of the Federal Social Court (BSG) in Kassel, this case sets a noteworthy precedent for insurance eligibility during voluntary duties for kindergarten events.
The unfortunate episode took place at a 2017 kindergarten Christmas market when the volunteer took on the task of cutting tree slices on their private property. The accident, which resulted in severe damage to their left hand, sparked a dispute with the responsible Thuringia Accident Insurance Fund as well as the Gotha Social Court and the Thuringia Regional Social Court. Nevertheless, the BSG ultimately validated the incident as a work-related accident.
The court's argumentation centered around the volunteer's involvement in their parents' council role during the municiplality's scope of duty regarding the kindergarten, as well as the assignment from the kindergarten and parents' council themselves. Establishing insurance coverage for voluntary work "connected to" the institution, with no limitations on place or time, the BSG upheld its decision despite the sawing taking place on private property.
Acknowledging this new milestone, Germany's attention is now fixated on insurance coverage circumstances involving accidents during voluntary tasks, especially those happening on personal land. Until recently, the country lacked clear legislations addressing such scenarios, leaving individuals in ambiguity.
Nonetheless, certain insurance policies could apply in these specific situations:
- Statutory Occupational Accident Insurance: Primarily covering employees, volunteers generally fall outside this category due to their unpaid status.
- Personal Accident Insurance: Individuals participating in volunteer events might benefit from personal accident coverage, which commonly includes activities beyond employment.
- Civil Liability Insurance: This insurance could be advantageous if found responsible for an incident, albeit with unclear boundaries regarding private properties and voluntary roles.
- International Health Insurance: International volunteers may look to this type of insurance, but it does not cover personal injuries during sawing activities in Germany.
Though each situation will vary, this BSG ruling forms an essential precedent in the field of insurance coverage for volunteers during accident-prone undertakings, including those performed on private land.
Additional insights:
Personal Liability Insurance
Personal liability insurance (Haftpflichtversicherung) covers damages inflicted upon third parties, such as personal injury, property damage, and financial losses. Recommended for individuals who engage in activities that could potentially harm others (like sawing wood for kindergarten events), having a good insurance policy with a generous sum of coverage is essential.
Statutory Accident Insurance
Statutory accident insurance (gesetzliche Unfallversicherung) is mandatory for employers but can also be purchased voluntarily by self-employed people or freelancers. Covering job-related accidents and occupational diseases, this insurance opportunity typically is not available for private property activities, unless those are part of the regular business activities.
Voluntary Registration
If individuals do not participate in regular business activities, they may consider buying voluntary personal liability insurance, which offers protection from unintended harm to third parties, commonly at a lower price under 100 € per year.
Reporting Incidents
Accident reporting is crucial when an incident occurs during the sawing activity, with prompt documentation of the incident, photos of the damage, and relevant documents necessary. Liability insurers require factual reporting devoid of personal opinions.
