Dortmund Social Court: Visiting a doctor is a private matter
If workers experience a traffic accident while working from their doctor on the way, there is no accident-insured accident at work. Also, an insured commuting accident to the workplace is generally not to be expected, emphasized the Dortmund Social Court in a judgment announced on Friday, March 23, 2018 (file number: S 36 U 131/17). When traveling from the doctor's office to the workplace, a commuting accident can only be assumed if the doctor's stay is at least two hours, according to the Dortmund judges, who thus followed the case law of the Federal Social Court (BSG).
In the specific case, it was a worker from Siegen who had to see an orthopedist during his working hours. After visiting the doctor, he suffered a traffic accident on the way back to work. A rib bruise and a shoulder bruise on the left side were the consequences.
The man wanted the accident to be recognized by the wood and metal trade association as an accident at work.
But the accident insurance provider declined. The doctor's visit was an uninsured private activity. An accident at work is therefore not present.
The employee was also unsuccessful before the social court. In their judgment of February 28, 2018, the Dortmund judges made it clear that “measures to maintain or restore health, such as visiting a doctor in the present case,” are to be assigned to the personal sphere of life. There is no insurance cover for such a private matter.
There was also no insured commuting accident. Insurance coverage does exist if the employee travels from a so-called third place to his place of work. But according to the jurisprudence of the BSG of July 5, 2016, the actual stay at this "third place" - here the doctor's office - had to last at least two hours (Az .: B 2 U 16/14 R, JurAgentur report from the day of the judgment). Otherwise, it would not be possible to differentiate uninsured detours for private errands, such as shopping or refueling, from insured routes. fle / mwo