BSG: Parents' council insured against accidents during sawing work for daycare center Christmas bazaar
The plaintiff is a member of the parents' council of a municipal kindergarten in Thuringia. For the 2017 Christmas bazaar there, he cut tree slices on his private property in consultation with the parents' council. His left hand got caught in the circular saw, causing him to lose his middle and ring fingers.
The defendant accident insurance fund did not recognize this as an accident at work. The lawsuit was also unsuccessful before the Gotha Social Court and the Erfurt Regional Social Court. In the highest instance, the BSG has now ruled in favor of the parents' council member.
The organization of the Christmas bazaar was one of the tasks of the parents' council. "Moreover, the kindergarten and parents' council had specifically assigned the accidental sawing work to the plaintiff," emphasized the judges in Kassel.
Ultimately, the sawing work was therefore the responsibility of the municipality as the daycare provider. According to the legal requirements, the same would also apply to recognized private providers.
However, according to the law, accident protection requires a formal voluntary position, in this case membership of the parents' council. All coordinated activities "for" the institution are then insured, as the BSG ruled. Contrary to the opinion of the accident insurance fund, the time and place are not relevant.
Read also:
- The parents' council member, residing in Thuringia, was participating in the kindergarten's Christmas bazaar tasks and was unfortunately involved in an accident while performing sawing work on his private property, under the parents' council's guidance.
- Despite the accident occurring during the sawing work, the accident insurance fund refused to recognize it as a work-related accident, leading to an unsuccessful lawsuit process at both the Gotha Social Court and Erfurt Regional Social Court.
- The BSG, however, recently ruled in favor of the parents' council member, establishing that, as a member of the parents' council, he was entitled to 'accident insurance' due to his 'accident protection' status, insuring all coordinated activities for the daycare center.
- The kindergarten and parents' council had assigned the accidental sawing work to the plaintiff, leading the judges at the Federal Social Court to declare that the sawing work was the responsibility of the municipality as the daycare provider, and also of recognized private providers, under the current legal requirements.
- To contend with such incidents, legal requirements necessitate a formal voluntary position, such as being a member of the parents' council, to ensure 'Insurance cover' for all related activities inside or outside the kindergarten, irrespective of the time and place.
Source: www.stern.de
