Liability & Law
Employment legal protection insurance
German statutory accident insurance
The German statutory accident insurance: Comprehensive protection and optimizing benefits
An occupational accident or disease can affect anyone and have far-reaching consequences. The German statutory accident insurance provides an important safety net here. Learn how this system works and the specific benefits it offers you.
The topic in brief and concise terms
The German Statutory Accident Insurance (DGUV) provides mandatory coverage for employees, trainees, pupils, and students in cases of work-related accidents, commuting accidents, and occupational diseases, funded by employer contributions.
Services include medical treatment, rehabilitation, injury benefits, and pensions; prevention is a core task.
The SGB VII is the legal basis; the carriers are trade associations and accident insurance funds, which also issue accident prevention regulations.
Quick Facts: The essentials of statutory accident insurance in brief
The German statutory accident insurance (DGUV) is a branch of social insurance. It protects over 70 million people in Germany. Its main tasks are prevention, rehabilitation, and compensation in cases of workplace accidents and occupational illnesses. The contributions are generally borne by the employers. Therefore, the protection is free of charge for employees.
Practically explained: Who is insured and when does the coverage apply?
In principle, all employees and trainees are compulsorily insured in the German statutory accident insurance. This applies regardless of the amount of their earnings, including for mini-jobbers. Insurance coverage also extends to children in daycare facilities, pupils, and students. Even people who work in the interest of the general public, such as first-aiders or blood donors, are included. Entrepreneurs can often voluntarily insure themselves. Accident insurance coverage is thus wide-ranging. The insurance covers work-related accidents, commuting accidents, and occupational diseases. A work-related accident is an accident suffered as a result of insured activity. Commuting accidents are accidents that occur on the direct way to or from work. Occupational diseases are illnesses caused by occupational activity and recognized in the Ordinance on Occupational Diseases. It is important that there is a causal connection between the insured activity and the health damage. The exact definitions and distinctions are laid down in SGB VII.
Scope of services: What does the German statutory accident insurance cover in the event of an emergency?
In the event of an insured incident, the German statutory accident insurance offers a comprehensive package of benefits. This aims to restore health and ensure participation in working life. Key benefits include treatment and medical rehabilitation, such as physiotherapy or specialist consultations. Benefits to support participation in working life, like retraining or workplace adaptations, are also integral. Furthermore, financial benefits like injury benefit (wage replacement during incapacity for work) or an injury pension for a permanent reduction in earning capacity of at least 20 percent may be paid. In the event of death, dependants receive benefits such as widows' or orphans' pensions. The benefits of accident insurance often go beyond what private insurance covers. Co-payments for treatments or aids are generally not required.
Here's an overview of the main types of benefits:
Treatment and medical rehabilitation
Benefits for participation in working life (vocational rehabilitation)
Benefits for social participation (e.g., housing assistance)
Injury benefit during incapacity for work
Transition benefits for vocational rehabilitation measures
Injury pension in the event of permanent disability
Care allowance for those in need of care
Benefits for dependants (e.g., funeral allowance, pensions)
This broad coverage highlights the importance of statutory protection.
Expert Knowledge: Understanding Legal Foundations and Current Developments
The main legal basis of the German statutory accident insurance is the Seventh Book of the Social Code (SGB VII). It contains over 200 paragraphs that detail tasks, insured groups, insurance cases, and benefits. An important aspect is the so-called employer's liability relief: through contributions to accident insurance, the employer is largely exempt from employee claims for damages in the event of work accidents, except in cases of intent. The statutory accident insurance carriers are the professional trade associations and accident insurance funds. These also issue accident prevention regulations, such as DGUV Regulation 1 ‘Principles of Prevention’, which are binding for companies. Our expert tip: Keep yourself regularly informed about current rulings, for example, on commuting accidents, as they can clarify the interpretation of laws. The Federal Social Court has repeatedly decided under what circumstances routes to or from a so-called third place are insured. Knowledge of the regulations is equally beneficial for employers and employees.
Prevention as a Core Task: How the DGUV Prevents Workplace Accidents
A central task of the German statutory accident insurance is to prevent workplace accidents, occupational diseases, and work-related health hazards. This is significantly supported by the DGUV Regulation 1 'Principles of Prevention.' This regulation obliges employers to take the necessary measures to protect employees. Primarily, this involves conducting risk assessments to systematically identify and evaluate workplace risks. Based on this, appropriate protective measures must be developed and implemented. Regular employee training on safety aspects is also a must and contributes to reducing the number of accidents. The accident insurance providers also advise and monitor companies regarding occupational safety and health protection. This proactive approach helps reduce the number of workplace accidents, which stood at over 805,000 in 2021.
Important prevention measures include:
Conducting and documenting risk assessments.
Providing safe work equipment and personal protective equipment.
Regular training and instruction for employees.
Organising effective first aid in the workplace.
Ensuring occupational medical care.
Investigating near-misses to derive improvements.
Consistent prevention not only avoids suffering but also keeps the costs for accident insurance stable in the long term.
Voluntary insurance and special cases: When is additional coverage advisable?
Although many groups of people are mandatorily insured, there are situations where voluntary insurance in the German statutory accident insurance is possible or a private accident insurance is additionally advisable. Entrepreneurs who are not mandatorily insured by law or statute can often take out voluntary insurance. This also applies to spouses working within the business. Certain volunteers can also take out voluntary insurance. It is important to know that statutory accident insurance primarily covers accidents in a professional context and on direct work routes. Accidents during leisure time are generally not covered. Here, a private accident insurance can fill an important gap and provide financial protection against disability due to leisure accidents. Whether a private accident insurance is necessary depends on individual risk tolerance and personal circumstances. For self-employed individuals, assessing voluntary statutory or private cover is particularly relevant, as they are often not automatically protected.
Reporting a Workplace Accident: Step-by-Step Guide for Emergencies
In the event of a workplace or commuting accident, it is crucial to act correctly and swiftly to claim benefits from the German Statutory Accident Insurance. Initially, if injuries require medical treatment or lead to incapacity for work for more than three days, a registered accident doctor (D-Arzt) should be consulted. These are doctors approved by accident insurance providers with specific expertise in accident medicine. The employer is obliged to report the accident to the relevant accident insurance provider within three days if the insured person is incapacitated for work for more than three days. Therefore, it is very important for the insured person to promptly inform the employer about the accident. In the case of serious accidents, the report must be made immediately. The accident report contains important information about the course of the accident and the persons involved. The cost of treatment is then directly covered by the accident insurance provider.
The necessary steps are:
Administer first aid immediately if needed.
If medical treatment is necessary, consult an accident doctor.
Immediately inform the employer about the accident.
The employer reports the accident to the relevant accident insurance provider (if there is more than three days incapacity for work).
Carefully keep all relevant information and documents.
Careful documentation and reporting ensure entitlement to benefits.
Optimise Your Protection: Take Advantage of Personalised Advice
The German statutory accident insurance provides solid basic protection for occupational accidents and occupational diseases. Nevertheless, individual circumstances or specific risks may require a closer look at one's own insurance situation. Tax deductibility of accident insurance premiums may be possible under certain circumstances. It is advisable to regularly review your own coverage and, if necessary, supplement it with private solutions, especially for leisure activities. Professional advice can help identify coverage gaps and find tailored solutions. Take advantage of the opportunity to have your individual situation analysed to ensure optimal coverage.
Request an individual risk analysis now: Have your insurance situation checked free of charge and receive concrete suggestions for optimisation.
More useful links
The DGUV provides comprehensive information about the German Statutory Accident Insurance on its homepage.
A publication by the DGUV is available in PDF format, delving into specific topics.
The Federal Ministry of Labour and Social Affairs (BMAS) offers a detailed overview of statutory accident insurance.
The Federal Statistical Office (Destatis) provides current statistics on fatal workplace accidents.
The Federal Institute for Occupational Safety and Health (BAuA) provides extensive information on prevention measures in occupational safety.
The DGUV offers detailed information on the rehabilitation benefits of statutory accident insurance.
Comprehensive information on the prevention of workplace accidents and occupational diseases can be found on the DGUV page.
The DGUV informs about recognized occupational diseases and the associated insurance coverage.
The DGUV provides its research reports, offering insights into current findings and developments.
FAQ
Is a Private Accident Insurance Policy Worthwhile Despite Statutory Coverage?
Yes, a private accident insurance policy can be worthwhile because statutory accident insurance primarily covers work-related accidents and commutes. Accidents during leisure time are usually not covered, and this is where a private policy can fill the gap.
What Role Does DGUV Regulation 1 Play?
DGUV Regulation 1, “Principles of Prevention,” is a key accident prevention regulation. It obliges companies to implement workplace safety and health protection measures, such as risk assessments and employee training.
What is the Rate of Injury Pension from the Statutory Accident Insurance?
An injury pension is paid when earning capacity is reduced by at least 20 percent beyond the 26th week due to an insured event. The rate is determined by the degree of reduced earning capacity and the annual income.
Are Minijobbers Also Covered by Statutory Accident Insurance?
Yes, even employees in minor employment (Minijobbers) are mandatorily insured under the German statutory accident insurance, regardless of their earnings.
What Happens if I Have a Work Accident While Working from Home?
There is insurance coverage under certain conditions when working from home. The crucial factor is whether the activity during which the accident occurred was directly related to professional duties. The distinction can be complex in individual cases.
How Long is Injury Benefit Paid?
Injury benefit is paid while the insured is incapacitated for work due to an occupational accident or disease and no longer entitled to continued salary payment, usually until the end of medical treatment or until the commencement of pension payments, but not longer than 78 weeks.
