A commuting accident is an accident that occurs whilst travelling to or from work or school. Employees, school pupils and other groups of insured persons are covered by statutory accident insurance whilst travelling directly to or from their insured activity. Depending on the individual and their occupation, either a professional accident insurance association or an accident insurance fund is responsible.
However, even the slightest detour can mean that statutory accident insurance does not apply. In this guide, we also explain the exceptions that apply in particular to car-sharing arrangements or parents.
- Commuting accidents are accidents that occur on the way to work or school.
- The employers' liability insurance association, as the statutory accident insurer, covers the costs.
- Special features and exceptions for detours apply in particular to parents and car pools.
- When you visit the doctor, you should mention that it is a commuting accident.
- You are entitled to numerous claims following a commuting accident. We will be happy to help you here.
What is a commuting accident?
Commuting accidents are accidents suffered by employees on their way to or from work. The same applies to schoolchildren.
In general, employees and students are insured on journeys that are suitable for reaching their place of work and school or home as quickly and safely as possible. This does not generally mean the shortest route, but the direct route to or from the place of work.
When must a commuting accident be reported?
The employer must notify the employers’ liability insurance association of a commuting accident by submitting an accident report no later than three days after becoming aware of it. In the case of employees, the employer must report the accident if the insured person is unable to work for more than three calendar days. The relevant provision is Section 193 of Book VII of the Social Code (SGB VII).
In the event of accidents at school or on the way to school, an accident report must be filed if medical treatment is required. The school should therefore be informed immediately.
Who pays the costs in the event of a commuting accident?
If an accident occurs before or after work, the question arises as to who is liable for the costs of an accident on the way to or from work. As the statutory accident insurance provider, the employers’ liability insurance association covers many of the costs incurred in the event of an accident on the way to or from work.
This applies in particular to necessary medical treatment, rehabilitation and certain income replacement or pension benefits. In the event of a road traffic accident caused by a third party, you may also be entitled to claim damages from the other party’s motor vehicle liability insurance.
For higher sums in particular, it is also worth checking against your own private accident insurance or your own private occupational disability insurance. We will be happy to help you with this.
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What should I bear in mind when visiting a doctor after a commuting accident?
In the event of injuries sustained in a commuting accident, we strongly recommend that you consult a specialist doctor who deals with occupational and commuting accidents. These specialists will also Transit physicians . They hold a special licence issued by the employers’ liability insurance association. If you require emergency treatment in hospital or from another doctor, you should state that it is a commuting accident. This makes it clear that it is the statutory accident insurance (please do not confuse this with your private accident insurance) – rather than your health insurance – that will cover the costs. This may even be to your advantage, as the benefits provided by accident insurance are usually more comprehensive than those offered by your health insurance.
Below we explain what is insured in the event of a commuting accident.
Is an accident on the way to school insured?
The statutory accident insurance covers accidents at school and on the way there or on the way home afterwards. This is regulated in § 8 Para. 2 No. 1 SGB VII.
This also includes travelling to school by public bus, bicycle or car.
In the event of an accident on a school bus, statutory accident insurance cover generally applies. Depending on the cause of the accident, there may also be claims for damages against the bus company, its liability insurer or other parties involved.
Is the journey to the daycare centre before and after work insured?
Anyone who drops off or collects a child living in the same household from childcare because of their own employment or that of their spouse or partner may also be covered for the detour from their usual route to work that this requires.
As a general rule, this also applies to direct journeys between the home office and external childcare facilities.
Children are automatically covered by statutory accident insurance on their direct journey to and from nursery – regardless of whether they are travelling alone or are accompanied.
Are there any special features for car pools in the event of commuting accidents?
Anyone who has a car pool and deviates from the direct route to work to pick up a member of the car pool from home or take them to work is covered by statutory accident insurance for the entire journey. The members of a car pool do not have to work for the same company. However, all members must belong to the group of persons insured under statutory accident insurance. This basically includes employees and students.
Am I covered by insurance in the event of an accident whilst travelling, even if I’ve taken a detour?
As a rule, the direct route to work is covered by insurance. However, there are exceptions. In this section, we explain when cover applies even if you take a detour, and in which cases statutory accident cover does not apply.
When detours are covered by statutory accident insurance
The following detours are covered by statutory accident insurance:
- Detours due to diversions
- Detours to avoid a traffic jam or to have a better transport connection for other reasons
- Use of public transport, which often operates on other routes
- Use of cycle paths that do not represent the shortest route
- Staying overnight at another person’s home, provided that the journey from there leads directly to the insured place of work or school
When detours are not covered by accident insurance
However, there is no statutory accident cover in the following cases:
- Short diversions for private reasons such as shopping
- If you resume your journey to work after an interruption lasting more than two hours, you are no longer insured for the remainder of the journey.
- Accidents that happen in residential buildings
What claims do I have after a commuting accident?
After a commuting accident, you can make a large number of claims against the employers' liability insurance association as statutory accident insurance. We will be happy to advise you so that you do not lose any claims.
Following a recognised commuting accident, the following benefits, in particular, may be available:
- medical treatment,
- medical, vocational and social rehabilitation,
- Injury benefit,
- Transitional allowance,
- Benefits to support participation in working life,
- Care services,
- Injury pension in the event of permanent reduction in earning capacity,
- Survivors’ benefits following a fatal accident whilst travelling.
In the event of a road traffic accident caused by a third party, you may, under certain circumstances, have further claims for damages against the other party’s motor vehicle liability insurance.
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Steps to follow to settle a claim following a road accident caused by a third party
Have you been involved in a commuting accident before or after work or school through no fault of your own? Then play it safe and contact us directly:
- Our competent team of experts will discuss with you the best way to proceed.
- If required, we can organise an expert to come to your home. He will prepare the important independent expert report.
- Your complete claims are processed by specialised teams of lawyers using our software
- Your optimised claims are asserted with the insurance companies liable to pay benefits and paid out for you
- If required, our network can assist you with certified and reliable specialist garages and replacement vehicles
- You are kept up to date on every settlement progress via our innovative HIS (customer information system) on your mobile phone.
We cannot undo your commuting accident. But we will make the best of it for you, we promise!
Frequently asked questions about accidents on the way to or from work
What counts as a commuting accident?
A journey-related accident is an accident that occurs whilst travelling directly to or from work, school, university or any other insured activity. Insurance cover generally applies regardless of the means of transport used.
Who pays in the event of a commuting accident?
Statutory accident insurance is responsible for medical treatment, rehabilitation and any financial benefits. Depending on the nature of the work, this may be provided by a professional accident insurance association or an accident insurance fund. In the event of a road traffic accident caused by a third party, additional claims may also be made against the other party’s motor vehicle liability insurance.
Is taking a detour on the way to work covered by insurance?
Personal detours, such as those made for shopping, are generally not covered by insurance. Exceptions apply, amongst other things, to necessary detours for childcare, car-sharing, diversions or a route with better transport links.
Is the journey from my home office to the nursery covered by insurance?
Yes, the direct route between your home office and an external childcare facility may be covered by statutory accident insurance. This is subject to the condition that the child is being taken to, or collected from, a nursery, school or day-care centre as a result of your work.
