Work accident

Work accident

Example case
Stipo is unlucky! He works as a Room boy. He had just found a new job at the hotel and shortly afterwards he had an accident there that made him no longer able to work. In addition to cleaning the rooms, his tasks also include preparing his work utensils and equipping the work trolleys. Every day he filled bottles with a very aggressive detergent from a canister. A few days ago he noticed that the hose of the canister had a hole in it. That is why Stipo got some of the irritating substance in his eyes yesterday. Although he immediately rinsed his eyes with water, he is injured and can barely see. After the hotel supervisor found out about the incident, he received a letter of dismissal. Stipo feels that this is not fair. What should Stipo do in this situation?

1. Transit doctor

Above all, Stipo must receive immediate medical attention. He should therefore consult a doctor or alert the emergency services. Accidents in and during work are accidents at work. A special doctor is responsible for accidents at work in Germany: The so-called transit doctor. Stipo should see this doctor. Stipo can find the nearest transit doctor here:

https://lviweb.dguv.de/faces/adf.task- flow?VerzeichnisTyp=D&adf.tfDoc=%2FWEB- INF%2Fpartner-task-flow.xml&adf. tfId=partner-task-flow

Above all, Stipo must receive immediate medical attention. He should therefore consult a doctor or alert the emergency services. Accidents in and during work are accidents at work. A special doctor is responsible for accidents at work in Germany: The so-called transit doctor. Stipo should see this doctor. Stipo can find the nearest transit doctor here:

If Stipo goes to another doctor instead of a transit doctor, he must definitely mention that he has had an accident at work. Stipo must show his health insurance card to the doctor.

2. Employer

It is important that Stipo write down all the details of the accident: Date, time, occurrence and witnesses. This information can be important later, e.g. for queries from the insurance company. Stipo must inform his employer immediately about the accident at work. The employer is obligated to record all accidents at work in the company. If Stipo is unable to work for more than three days as a result of the accident at work, the employer is obligated to report the accident to the responsible trade association within three days. Stipo must receive a copy of the accident report from the employer, he is entitled to it.

If Stipo does not receive a copy of the accident report from the employer and also no information about which trade association the report was reported to, then he should check whether the employer has actually reported the accident at work. He can get this information from the trade association by telephone, in person or with the support of an Advice centre for migrants. The employer of Stipo is not liable for the damage to health and its consequences. He does not have to pay Stipo damages or compensation for pain and suffering. It would be different if the employer had intentionally caused Stipo’s accident at work, which is not the case here. Stipo has claims against the statutory accident insurance because of the accident at work

3. Lawyer/Labour Court

The fact that Stipo was dismissed immediately after the accident at work was a particularly hard blow for him. Unfortunately, Stipo has only recently been employed in the hotel. Workers can easily be terminated in the first six months of a new employment relationship. For this reason, there is no special protection against dismissal even after an accident at work.

A dismissal may, however, neither be unfaithful nor immoral. In order to be able to judge whether this was the case in the case of Stipo, he should seek the advice of a lawyer specialising in labour law. Then he can decide whether he wants to proceed against the dismissal at the labor court. He has three weeks to do this.

For this advice, Stipo can apply to a lawyer for Advisory cost assistance. Stipo can submit the following application to the District court at his place of residence:

http://www.bmjv.de/SharedDocs/Downloads/ DE/Service/Formulare/Antrag_auf_Bewilligung_ von_Beratungshilfe.pdf?__blob=publicationFile

Stipo can find the form for advisory cost assistance under Annex XII PDF, 393 KB, not barrier-free

If the advisory cost assistance is approved, Stipo does not have to pay the legal fees for the consultation.

The jurisdiction of the Labour courts is based on the respective company headquarters or place of work. This means for Stipo: He has to see which Labour court is responsible for the place where the hotel is located and file his complaint there. If the hotel operator has a different address than that of his place of work, Stipo can also file an action with the local Labour court.

4. Trade associations

Stipo is insured as an employee in the statutory accident insurance. The statutory accident insurance providers are the trade associations and accident insurance funds. The trade associations are divided into sectors:

Stipo can find a list of trade associations under Annex XIII PDF, 168 KB, not barrier-free

In addition to the trade association, there are also accident insurance funds in which public service employees are insured against accidents:

https://www.dguv.de/en/bg-uk-lv/public-sector-insurers/index.jsp

Stipo can find a list of the accident insurance funds under Annex XIV PDF, 270 KB, not barrier-free

Stipo is employed in a hotel. The trade association for food and hospitality is responsible for him. When his report is received there, the trade association checks whether his accident was an accident at work. Stipo receives the result in the form of a written notification. If the accident is recognised as an accident at work, it receives benefits from accident insurance. If it turns out that the employer has not reported the accident, Stipo must report the accident to the trade association using this form. A Migrant advice centre can help him fill out the form:

https://www.eu-gleichbehandlungsstelle.de/eugs-en/eu-citizens/searching-for-an-advice-centre

In the event of an accident at work, Stipo is entitled to the following benefits:

medical treatment and rehabilitation; Injury benefit: 80% of the regular remuneration and a maximum of 78 weeks is paid out via the health insurance; care allowance: It will be paid if Stipo needs significant outside help after the accident; reduced ability to work: Should Stipo no longer be able to work as before as a result of the accident, he can apply for a pension or a severance payment; Return to working life: The trade association helps Stipo for example through professional adaptation, qualification and job placement.

The treatment and rehabilitation of Stipo can take a long time. He can do it in Germany, but also has the right to return to his home country Croatia and continue the treatment there. In this case, the German accident insurance will pay the costs of further treatment. In order to be treated in Croatia on this basis, Stipo needs the DA 1 certificate, which is issued by the trade association and which is sent either to Stipo personally or to a liaison office in Croatia.

Stipo can also continue to receive injury benefits from Germany in Croatia. Before leaving, Stipo should inform the trade association and health insurance company that he is giving up his place of residence in Germany and inform them of the new address in Croatia.

5. Works council

The works councils are also important points of contact for problems related to occupational health and safety law. Stipo should find out whether the hotel has a works council. The works council ensures, among other things the occupational health and safety and should therefore know about the circumstances of the accident. This can lead to precautions being taken in the company to prevent such accidents at work in the future.

6. Occupational health and safety authority

The Occupational health and safety authorities in Germany together with the trade association are responsible for the monitoring of occupational health and safety regulations and the avoidance of accidents at work.

The Occupational health and safety authority is automatically informed in the event of an occupational accident if the employer reports the accident. If the employer does not do this, Stipo can notify the Occupational health and safety authorities himself about the circumstances of the accident so that they can check the company, the condition of the equipment and the safety of the workplace and complain about any safety deficiencies. Stipo can find the addresses of the Occupational health and safety authorities here:

www.baua.de/DE/Themen/ Arbeitsgestaltung-im-Betrieb/Branchen/ Bauwirtschaft/Baustellenverordnung/pdf/
Arbeitsschutzbehoerden.pdf?__blob=publicationFile

Stipo can find the accident report form under Annex XV PDF, 249 KB, not barrier-free