If your company Christmas party takes place at a Christmas market, the employee's journey to and from the event is generally also covered by statutory accident insurance.
The case concerned an official company visit to a Christmas party during which an employee had an accident. Here, the insurance coverage of the Berufsgenossenschaft (employers' liability insurance association) applied. Accordingly, the location of the event is not decisive for insurance coverage.
However, according to the ruling, insurance coverage may be excluded or forfeited if a significant amount of alcohol has been consumed.
Hessisches Landessozialgericht, Az. L 3 U 139/05
Frequently asked questions
Frequently asked questions
Are employees covered by statutory accident insurance during a Christmas party at a Christmas market?
Yes, a company Christmas party is covered by the statutory accident insurance of the Berufsgenossenschaft even if it takes place at a Christmas market. The venue is not decisive for insurance coverage, as long as it is an official company event.
Does insurance coverage also apply to the journey to and from the company party?
Yes, the employee's journey to and from the company Christmas party is generally covered by statutory accident insurance. The prerequisite is that the event qualifies as an official company function.
Can excessive alcohol consumption jeopardize accident insurance coverage at the Christmas party?
Yes, significant alcohol consumption can void coverage under the statutory accident insurance. If alcohol consumption is deemed the primary cause of the accident, the Berufsgenossenschaft (employers' liability insurance association) may refuse benefits.
Which ruling addresses accident insurance coverage at company parties involving alcohol?
The Hessisches Landessozialgericht addressed this issue under case number L 3 139/05. The court confirmed that statutory accident insurance generally applies at official company parties, but noted possible limitations in cases of heavy alcohol consumption.
Is the venue decisive for insurance coverage at a company event?
No, the specific location of the event is not the determining factor. What matters is that it is an official company event in which employees participate as part of their work-related activities.