Jugement Kantonsgericht (VD - 2020/143)

Canton:	VD
Case number:	2020/143

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/143 vom 09.03.2020 (VD)

Date:	09.03.2020
Force of law:	-

Summary:	An employee who suffers an accident on the way to work is insured by the employer's accident insurance. This also applies if the accident takes place on a detour to the doctor or to the bank. The accident insurance must cover the damage, even if the detour was not medically or professionally necessary. However, the employee must prove that she was on her way to work. This can be done through witness statements, photographs or a GPS recording. Detailed summary: The employee A. I.________ suffered an accident on the way to work on September 22, 2016. She was on her way to her family doctor to get treatment for an injury she had sustained in the office the day before. However, on the way to the doctor, she made a detour through the bank to withdraw money. The employee applied to the employer's accident insurance to cover the costs of the accident. The accident insurance company rejected the application because the accident was not on the way to work, but on a detour. The employee filed a complaint against the decision of the accident insurance before the Social Insurance Court. The court proved the employee right and ruled that the accident was covered by the employer's accident insurance. The court based its decision on the fact that the detour to the doctor and the bank was not insignificant. The employee had injured herself on the way to the doctor and therefore made a detour through the bank to raise money for the treatment. The court found that the employee only had to bear the costs for the accident herself if she had made the detour for personal reasons and not for professional or medical reasons. In this case, however, the detour was made for professional reasons, as the employee was on her way to treat a work injury. Therefore, the employee does not have to bear the costs for the accident herself. Accident insurance must cover the damage.
Rule of Law:	Art. 1 UVG;Art. 100 BGG;Art. 6 UVG;Art. 60 SchKG;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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