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During working hours, it’s not unusual to have private conversations. But what happens if an accident occurs during these exchanges? Are employees covered by insurance? It depends, as the following examples show.
The employee is covered if the professional activity remains at the heart of the situation. For example, talking briefly to the postman while receiving work-related mail is covered. Similarly, if an employee makes a personal call while travelling on work-related business, the accident is covered, provided the cause is related to the journey.
However, an accident occurring during a prolonged interruption for personal reasons is not covered. For example, the Hesse Social Court ruled that a warehouse worker who was injured while returning from a three-minute private telephone call was not covered (ruling L 3 U 33/11), as he had left his job for purely private reasons.
