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Administrative Court Berlin: Civil service law different from that of employees
(jur). An accident by an official in the toilet of the office building is considered an office accident during working hours. The Berlin Administrative Court decided this in a judgment announced on Wednesday, May 25, 2016 (file number: 26 K 54.14). The jurisprudence on statutory accident insurance for normal employees is not transferable to officials here.
The administrative court of a city clerk in the district of Friedrichshain-Kreuzberg was right. She had bumped into the open window of the toilet room while visiting the toilet. A laceration and bruises had to be treated by a doctor.
The city office woman wanted this accident to be recognized as an accident at work. The state of Berlin refused to do this. For reasons, it referred to the case law of Bavarian administrative courts.
However, the Berlin Administrative Court was of a different opinion. It obliged the country to recognize the event as an accident at work.
An accident at work presupposes physical injury “as a result of a sudden event in the course of exercise or as a result of service”. This is the case here. As a rule, the necessary connection between the accident and the service is given if, as here, the accident occurred "during the service at the place of work", the Berlin judges explained.
Admittedly, the toilet visit itself is "clearly not an official activity". Nevertheless, toilets were part of the spatial risk area that the employer was able to control directly. Therefore, the prerequisites for an accident at work are given.
According to the jurisprudence of the social courts, a visit to the toilet as well as lunch are considered to be privacy of the workers. Accidents in the toilet or in the canteen are therefore not considered work accidents for statutory accident insurance. The Berlin Administrative Court is convinced that this is "not transferable to civil servants' rights".
Against this judgment of May 4, 2016, the administrative court approved the appeal and the so-called jump revision due to its fundamental importance. The latter requires the consent of both parties and would lead directly to the Federal Administrative Court in Leipzig. mwo / fle