Anyone who leaves the road to work to check the condition of the road for slipperiness is not covered by statutory accident insurance. Thus the 2nd Senate of the Federal Social Court (BSG) ruled on 23.01.2018 – B 2 U 3/16 R – (Reference: The Social Jurisdiction 11/18 p. 705 ff.)
Especially in the cold season this decision can be of interest for employees. This is because the immediate journey to and from work is generally covered by statutory accident insurance (§ 8 Paragraph 2 No. 1 SGB VII). The insurance covers travel on a route that is bounded by the starting point (outside door of the apartment) and the destination (place of work). The journey from the apartment to the vehicle is also covered by insurance. The plaintiff, however, left his home on the day of the accident, went to his car parked on the property and put his briefcase in the car. Then he left the property on foot and walked a few meters on the public road to check it for slipperiness. There was a black ice warning the day before. On his way back to the car, the plaintiff bent over in the gutter of the curb and contracted a fracture of his forearm.
The BSG considered the inspection of the road to be a purely economic activity and did not recognise an accident at work.
A remarkable judgment. If the plaintiff had got into his car without checking the condition of the road and had suffered an accident due to excessive speed on a slippery road, he would in turn be insured.