| Summary: | An employee who was dismissed on August 31, 2016 suffered an accident at work on September 1, 2016.
The employee's insurance company refused to recognize the accident as an industrial accident.
The employee filed a lawsuit in court, demanding recognition of the accident as an industrial accident.
The court proved the employee right and recognized the accident as an industrial accident.
The insurance company must now pay the employee benefits for the accident.
More detailed summary:
The employee A. P._______ was employed by the company Q._______ SA until August 31, 2016. He was insured with the R.________ SA for accidents at work. On September 1, 2016, one day after his dismissal, A. P.________ suffered an accident at work. He fell off a ladder and sustained injuries in the process.
R.________ SA refused to recognize the accident as an industrial accident. She argued that the accident did not happen during working hours and not in connection with work. A. P.________ sued in court and demanded recognition of the accident as an industrial accident.
The court gave A. P.________ right. It noted that the accident happened during working hours and in connection with work. A. P.________ still had work tasks to complete on September 1, 2016, before he vacated his job. He fell from a ladder, which he used for these tasks.
The R.________ SA must now pay A. P.________ benefits for the accident. These include, among other things, sick pay, costs for medical treatment and disability compensation.
Legal documents:
Art. 29 Para. 1 of the Swiss Federal Constitution (BV) guarantees the right to social security.
Art. 56 Para. 2 of the Federal Law on Accident Insurance (LPGA) defines an accident at work as an accident that an employee suffers during working hours and as a result of work. |