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BSG Narrows Accident Cover for Coffee Runs With Hazard Exception

The ruling clarifies that only specific workplace hazards can bring coffee breaks under statutory accident insurance.

Overview

  • In a binding decision, Germany’s Federal Social Court held that fetching coffee or other indulgences is generally a private activity not covered by statutory accident insurance.
  • In the tested case involving a Hessian tax office employee, a fall on a freshly mopped floor in the staff room qualified as a work accident due to a special operational hazard.
  • The court distinguished canteens from staff rooms, indicating coverage typically ends at a canteen’s door but can extend into social rooms depending on their role in workplace operations.
  • Judges flagged a potential but unresolved exception if coffee were necessary to maintain work concentration, leaving open how such necessity could be demonstrated.
  • The case, registered as B 2 U 11/23 R, is expected to influence employers’ safety obligations in break areas and guide insurers’ future case assessments.