Jugement Kantonsgericht (VD - 2020/19)

Canton:	VD
Case number:	2020/19

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/19 vom 23.03.2020 (VD)

Date:	23.03.2020
Force of law:	-

Summary:	An employee who is also the managing director of his own company is entitled to an accident pension if he injures himself in the course of his professional activities. The court came to this conclusion, since the employee, even in his function as a managing director, is exposed to a certain danger that goes beyond that of an ordinary employee. Accident insurance must therefore cover the costs of the pension. The verdict is final. More detailed summary: A. A. worked as a mechanic at his own company E.__________ SA is busy. As part of his professional activity, he suffered an accident that led him to a permanent disability of 70%. The accident insurance refused to pay a pension, since A. also worked as a managing director in his free time and in the free time of his company. A. Filed a complaint with the Swiss Insurance Court. The court proved him right and ruled that A. is entitled to an accident pension. The court argued that A. is also exposed to a certain danger in his function as managing director, which goes beyond that of an ordinary employee. For example, he is obliged to be available around the clock in the event of accidents or breakdowns. Accident insurance must therefore cover the costs of the pension. The verdict is final. More details: The court stated that the employee is exposed to a higher risk of accidents due to his function as a managing director than would be the case with a normal employee. This applies in particular to the following areas: The risk of accidents in connection with the use of vehicles or machines The risk of accidents related to outdoor work The risk of accidents related to work at night The court pointed out that in his function as managing director, the employee also worked in his free time and in the free time of his company. However, this could not lead to the fact that he was not entitled to an accident pension. The court dismissed the complaint of the accident insurance and awarded the employee a pension in the amount of 70% of his last salary.
Rule of Law:	Art. 1 LAA;Art. 100 LTF;Art. 16 LP;Art. 18 LAA;Art. 19 LAA;Art. 4 LP;Art. 6 LAA;Art. 60 LP;Art. 7 LP;Art. 8 LP;
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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