Work-Related COVID-19 Infection Not an Automatic Given, Even with Infected Colleagues
Work-related COVID infections aren't institutionally considered accidents solely on the grounds that other colleagues have also been infected. - Workplace Infection: COVID-19 Not Automatically Deemed as Occupational Accident in Court
Stop the press, buddy! A German dude, 45, who served as a project manager in a bloomin' big company with around 130 employees, took the court system for a spin. He caught COVID-19 in April 2021, spent two weeks in the hospital, and claimed he shared meetings with peeps who later tested positive. His employer's insurance association thought his diagnosis wasn't a job-related incident, so they didn't cover his therapy and compo.
This dude took his case to the Potsdam Social Court, but they said nope. He then hollered at the Higher Social Court, who agreed with the initial decision. They reckoned a COVID-19 infection might pot'lly be considered a job-related incident, but there wasn't enough proof the infection happened at work, not in his private life. Living in a bubble at home ain't realistic, so, you know...
This judgment was announced on May 27, 2025, but it ain't final yet. The plaintiff can still ask the Federal Social Court to hear his appeal.
- Job-related incident
- COVID-19
- Court ruling
- COVID-19 infection
- Potsdam
- Infection
- Berlin
- Higher Social Court
FYI:
While the Higher Social Court didn't spill the beans on the exact conditions for a COVID-19 infection to be considered a job-related incident, generally speaking:
- Exposure at Work: The infection must've happened through job exposure. This could be being cosy with infected colleagues, patients, or getting hit by the virus during work trips.
- Occupational Risk Factors: The job must include a higher risk of exposure compared to the average Joe. You get it, healthcare workers are usually more exposed because they work so close with patients.
- Employer Responsibility: The boss must've failed to provide protective measures or guidelines to halt virus spread in the workplace.
- Legal or Regulatory Framework: The determination depends on local labor laws and health regs, which differ by nation and region.
In Germany, decisions on job-related illnesses, including COVID-19, follow the Social Code (SGB) and rulings from courts like the Higher Social Court in specific regions. For specifics, hit up local legal resources or the court's judgments.
The German court's ruling in May 2025 indicated that a COVID-19 infection might be considered a job-related incident, but evidence supporting the infection occurring at work was required, not just in the plaintiff's private life. In Germany, the determination of a COVID-19 infection as a job-related incident is based on exposure at work, occupational risk factors, employer responsibility, and the local legal and regulatory framework, as defined by the Social Code (SGB) and regional courts like the Higher Social Court.
