Maccabi Marketing had just equalized with a free kick to make it 2-2 against Vorwärts Vertriebs when Vanessa Schubert got stuck in the grass at the company soccer tournament and twisted her knee. Not only was it painful, it was a tear in the anterior cruciate ligament. Unfortunately, scenes like this don’t happen all that often at company sporting events. The question then arises: Was the mishap an accident at work? Does statutory accident insurance have to step in? And what would HR have to do in such a case?
The answer is often initially unsatisfactory, because the well-known legal formula also applies here: “It depends…” And that is determined by Section 8 SGB VII. There it says: “Industrial accidents are accidents suffered by insured persons as a result of an activity that constitutes the insurance cover according to Sections 2, 3 or 6 (insured activity).” So the crucial question is: Was participation in the respective event an insured activity or not?
Company sports and insurance coverage: These BSG criteria must be met cumulatively
In classic company sports, the probability of an injury being recognized as an occupational accident is comparatively high compared to other company sports events. The Federal Social Court, which often has to decide on insurance coverage in the event of accidents at work, has developed various criteria in terms of requirements.
Accordingly, insurance coverage exists if:
- the respective company sports unit takes place regularly (e.g. yoga or running group with a fixed date)
- There is a factual connection to the employment relationship and sport serves as prevention or as a physical and psychological balance to the workload
- In principle, all employees or at least a significant part of the workforce can take part
- the sport is not primarily competitive in nature and
- the event is organized or at least expressly approved by the employer (not the works council!).
According to case law, these requirements must be met cumulatively.
Conversely, this means: In cases where the focus is on improving individual sporting performance or a competition with external participants, insurance cover is generally not applicable. This is shown by relevant judgments (e.g.: BSG, judgments of June 28, 2022, ref. B 2 U 8/20 R and of December 13, 2005, ref. B 2 U 29/04 R and LSG Berlin-Brandenburg, judgment of March 21, 2023, ref. L 3 U 66/21).
Good to know: Even if participation in a sporting event is co-organized and supported by the company’s corporate health management (BGM), this does not automatically justify insurance coverage under statutory accident insurance.
The trade association for trade and goods logistics, among others, offers a guide on the topic of insurance cover for company sports on its website.
Practical tip: In addition to the company sport itself – as with the journey to work – the direct route there and back is also insured. However, as with commuting accidents, only if this is not interrupted by private activities. This means that anyone who goes directly from the company to the gym or exercise room is insured. A stop at the pharmacy or supermarket, however, means that the protection is ineffective.
Joint company event: When does accident insurance coverage no longer apply?
On the other hand, there are always gray areas when it comes to insurance at so-called community events between companies where there is also sport. According to BSG case law, significantly stricter requirements for accident insurance protection apply here.
Example: Anyone who is injured during a ski course that is offered as part of the leisure program of a company retreat is not insured under statutory accident insurance (LSG Hessen, judgment of December 1, 2020, ref. L 3 U 169/17). On the one hand, skiing only appeals to a limited circle of interests, and on the other hand, participation in the trip was voluntary.
The business lawyer Markus Tippelt sums up the requirements for insurance coverage for community events in a LinkedIn post: “As soon as the program becomes private or leisure activities dominate, the insurance coverage ends. Companies and participants must be aware of this limit, otherwise unnecessary risks arise.”
Company run, company tournament, bowling: Why competitive nature excludes insurance coverage
A classic dispute is litigation involving alleged work-related accidents at company sports events. The scope of the criteria mentioned above is particularly evident here.
Example football:
Anyone who is injured at a company football tournament does not suffer an accident at work and, according to a ruling by the Federal Social Court, is not necessarily entitled to benefits from statutory accident insurance. Reason: Participation in the tournament is a private pleasure and risk and not a company sport. In addition, the injured plaintiff did not fulfill “any primary or secondary obligation owed under his employment relationship” when kicking. And protection as part of a company community event is also ruled out, “because, on the one hand, the competitive nature was in the foreground, and on the other hand, the event was from the outset only aimed at the part of the workforce that was interested in football” (BSG, September 26, 2024, Ref.: B 2 U 14/22 R).
The judges in Kassel also made it clear that employees do not enjoy accident insurance protection simply because “the event is supported by the company and is reported in the press”. What is necessary for this is that the sporting event is “used specifically in public as an advertising platform” by the employer. But that cannot be said here, especially since only 80 company employees took part, even though the company had several thousand employees at the time.
Example company run:
Anyone who takes part in a so-called company run does so at their own risk and is not protected by statutory accident insurance. Accordingly, a mishap during such an event cannot be recognized as an accident at work (for example: LSG Berlin-Brandenburg, judgment of March 21, 2023, ref. L 3 U 66/21 and LSG North Rhine-Westphalia, judgment of July 14, 2021, L 17 U 155/20).
The argument that participants not only do sports with colleagues, but also engage in employer branding, is usually not heard in court: The fact that the employer paid the participation fees and provided uniform running shirts with the company logo “does not lead to a different assessment.” What is crucial – here too – is that “times were measured and winners were chosen in all categories”.
Example bowling:
Anyone who dislocates their shoulder while bowling with company colleagues because they high-five each other after a strike does not suffer an accident at work if “the employer did not expressly request participation” (LSG Sachsen-Anhalt, judgment of December 8, 2011, L 10 U 31/08).
But: Anyone who slips while bowling and dislocates their shoulder at a customer’s “exclusive partner meeting” on the express instructions of their employer is legally insured against accidents (SG Aachen, judgment of October 6, 2017 Ref. S 6 U 135/16). According to the decision, the man had “fulfilled a secondary obligation arising from his employment relationship” when participating in the event. In addition, a refusal would have resulted in a “well-founded discussion” with his superior.
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HR checklist: Obligation to report and deadlines for accidents at work in company sports (§ 193 SGB VII)
A (possible) accident at work must be reported to the responsible professional association or accident insurance fund by the employer or the human resources department within three days, provided that the person who suffered the accident is subsequently unable to work for more than three days (§ 193 SGB VII). The day of the accident itself is not taken into account in the reporting period; However, Saturdays, Sundays and public holidays count.
In addition, according to the DGUV, the person affected has the “right to a copy of the accident report”. Companies are therefore obliged to “point this out”. The company doctor and the occupational safety specialist must also be informed about the incident.
In companies with a works council, this must also be contacted immediately. Because – and this is important – the accident report must be co-signed by the employee representative (Section 193 Para. 5 SGB VII). It must also be stated “which member of the works council or staff council took note of it before it was sent”.
The reports themselves can be completed by post or via the DGUV service portal.
Frank Strankmann is an editor and writes offline and online. His focus is on the topics of labor law, co-determination and regulation. He is also responsible for other projects for media brands from FAZ Business Media GmbH.
