Jugement Kantonsgericht (VD - 2020/415)

Canton:	VD
Case number:	2020/415

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/415 vom 10.06.2020 (VD)

Date:	10.06.2020
Force of law:	-

Summary:	Conclusion of the judgment of the Swiss Federal Supreme Court of 10 June 2020: An employee who suffers a torn cruciate ligament in an accident at work is entitled to benefits from accident insurance, even if the accident is not directly related to work. However, the accident must at least be related to work, i.e. it must have occurred during working hours or on the way to work or home from work. True, in this case, the accident was not directly related to work, since the employee had injured himself during sports. However, the accident had a connection with work, since it occurred during working hours. The Federal Court has therefore ruled that the employee is entitled to benefits from accident insurance. An employee who is injured during working hours due to a sports injury is entitled to accident insurance benefits. An accident must be related to work, e.g. during working hours or on the way to work. In this case, accident was during working hours, therefore entitled to benefits. The Federal Court confirms the decision of the Cantonal Court. Detailed summary: Employee H.________ had suffered a torn cruciate ligament in an accident at work on 19 August 1995. The accident occurred during working hours, when the employee injured himself after work while playing sports. The employer of the employee was insured with the insurance company A.________. This insurance company refused to pay benefits from accident insurance, since the accident was not directly related to work. The employee then filed a complaint with the Cantonal Court. The Cantonal Court proved the employee right and ruled that he was entitled to benefits from accident insurance. The insurance company A.________ then appealed to the Federal Court. The Federal Supreme Court upheld the decision of the Cantonal Court. In its judgment, the Federal Supreme Court stated that an accident that occurs during working hours is considered an industrial accident even if it is not directly related to work. In this case, the accident was not directly related to work, as it had occurred during sports. However, the accident had a connection with work, as it had occurred during working hours. The Federal Supreme Court has thus clarified that employees are entitled to accident insurance benefits even if they injure themselves in a sports accident during working hours.
Rule of Law:	Art. 1 LAA;Art. 100 LTF;Art. 16 LAA;Art. 18 LAA;Art. 18 LP;Art. 19 LAA;Art. 24 LAA;Art. 36 LAA;Art. 4 LP;Art. 43 LP;Art. 49 LP;Art. 51 LP;Art. 53 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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