Jugement Kantonsgericht (VD - 2020/333)

Canton:	VD
Case number:	2020/333

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/333 vom 14.05.2020 (VD)

Date:	14.05.2020
Force of law:	-

Summary:	An employee suffers an accident when he makes a tire change on the way to a customer. The professional association refuses to recognize the accident as an industrial accident. The employee is suing the professional association. The court decides that the accident is an industrial accident. The professional association must pay the employee benefits from the statutory accident insurance. More detailed summary: The employee was employed as a chauffeur at a transport company. On December 12, 2018, he was on his way to a customer when he made a tire change. He injured his hand in the process. The professional association, which is responsible for the statutory accident insurance, refused to recognize the accident as an industrial accident. She argued that the accident was not related to the professional activity of the employee. The employee filed a complaint against the professional association. He argued that the accident occurred due to his professional activity. The court proved the employee right. It decided that the accident is an industrial accident. The professional association must pay the employee benefits from the statutory accident insurance, including injury compensation, rehabilitation measures and a pension. Justification of the court: The court concluded that the accident was related to the professional activity of the employee. The employee worked as a chauffeur, and therefore was obliged to take care of the safety of his vehicle as part of his professional activities. Therefore, changing tires was a professional activity of the employee. In addition, the accident was not typical for an accident. Tire changes are common in the activity of a chauffeur. Therefore, the employee did not cause the accident through his own fault. Effects of the judgment: As a result of the ruling, the professional association will also have to acknowledge accidents that occur on the way to a customer or customer order in the future.
Rule of Law:	Art. 1 LAA;Art. 100 LTF;Art. 4 LP;Art. 6 LAA;Art. 60 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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