Federal Social Court: Accident at work during vaccination at work?

Health - Federal Social Court: Accident at work during vaccination at work?

A labor accident occurs when an employee participates in a vaccination offered by the employer voluntarily and falls ill afterwards? This question was discussed at the Bundessozialgericht (BSG) in Kassel on this Thursday.

The manager of a hospital caterer voluntarily participated in a vaccination organized by the hospital against swine flu in November 2009. Years later, he experienced fever episodes, which he attributed to the vaccination. He then applied for benefits from the statutory accident insurance. The defendant health insurance company refused to recognize a work accident, arguing that measures for the preservation of health in general belong to the uninsured sphere of life.

The Social Court of Koblenz and the Landessozialgericht Rheinland-Pfalz came to the same conclusion. From a labor law perspective, there was no duty to be vaccinated. The subjective belief that the vaccination served the interests of the business did not suffice to justify insurance protection.

However, the plaintiff argues that mutual obligations from the employment relationship were fulfilled through the vaccination offer. At least, there was an implicit pressure to get vaccinated as an example for other employees. Now, the Bundessozialgericht must decide on this matter.

Press release of the Bundessozialgericht

1. The Bundessozialgericht, located in Kassel, Germany, is set to rule on a case involving a labor accident and vaccination against swine flu.
2. This case originates from an incident in Rhineland-Palatinate, where an employer offered vaccination as a volunteering opportunity, leading to an employee's illness.
3. The employee from Hesse, working for a hospital caterer, received benefits from the statutory accident insurance after falling ill following the vaccination, but the defendant health insurance company disputed the work accident claim.
4. The Federal Social Court in Kassel, following the precedents set by the Social Court of Koblenz and the Landessozialgericht Rheinland-Pfalz, initially rejected the insurance protection, as vaccination was considered an uninsured sphere of life.
5. The plaintiff, however, argues that the vaccination offer fulfilled mutual obligations from the employment relationship, resulting in an implicit pressure to get vaccinated, serving as an example for other employees.
6. The Bundessozialgericht, in this ongoing process, will now decide on whether to uphold or overturn the previous court decisions regarding the labor accident caused by the swine flu vaccination.

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