Statutory accident insurance protection also applies on trial work days. This is the result of a ruling by the federal social court (BSG) in kassel.
In the specific case from the area of halle (saale), a 39-year-old man who had worked for a food waste disposal company for a day on a trial basis and had seriously injured his head in a fall had filed a complaint. The BSG ruled that he was protected by the statutory accident insurance as an "as-employed person". (file reference B 2 U 1/18 R)
The man had been helping to dispose of trash cans without pay and had fallen off a truck in the process. "He suffered a severe head injury from which he still suffers today," said his lawyer. The man must live on hartz-IV, his inability to work is tested. However, the trade and goods logistics employers’ liability insurance association had refused to recognize the accident as an occupational injury because the man had not been integrated in the company.
The judges in kassel also saw it that way. However, the job seeker had performed an activity of economic value serving the company. In addition, the trial work day was intended to enable the company to select a suitable applicant – and thus had an objective economic value.
Therefore, the plaintiff was an as-applied person. "This is a little less than a normal employment relationship," explained the presiding judge. Classic cases of how-employment would be, for example, helping out with the obsternte and walking a dog.
The trade union verdi takes a very critical view of trial work. It was neither covered by labor law nor by social law and could be misused, a spokesman said. "If, on the other hand, employers want and enforce a single trial day as a condition of employment, then this must also be covered by accident insurance."Therefore verdi welcomes the legal clarification of this controversial issue.