Office Worker Tested Positive for COVID-19 - No office-related accident confirmed
A project manager from Brandenburg has battled tirelessly in court, aiming to establish his COVID-19 diagnosis as a workplace mishap. However, the Land Social Court Berlin-Brandenburg dismissed his plea, stating a lack of evidence that the virus was contracted at his workplace (Case No. L 3 U 174/23). The court argued that a higher risk of infection due to numerous contacts at work did not equate to substantial proof. Yet, they acknowledged that a work-related infection with the virus could generally be deemed an accident.
Currently, the employer's liability insurance association doesn't bear the obligation to cover medical treatment costs or provide compensation, as the decision is still preliminary.
Hospital Stay
In April 2021, a 45-year-old man, employed as a project manager at a company housing around 130 employees, fell victim to COVID-19. Following a gathering lasting approximately two hours, several attendees tested positive for the virus. Due to his worsening condition, the man was hospitalized for roughly two weeks.
His lawsuit, first filed at the Potsdam Social Court, was rejected. The Land Social Court confirmed the ruling, standing firm by the initial decision. Last year, another similar case involving a saleswoman in Berlin was also dismissed.
Despite Germany's legal framework likely incorporating provisions for recognizing occupational diseases or accidents, specific rulings or regulations concerning COVID-19 should be sought from German legal or health authorities. To classify COVID-19 as a workplace mishap, it typically needs to be proven that the infection was caused by specific work-related exposure, which can be challenging given the virus's widespread nature. Established protocols in Germany and other nations would be followed in determining whether an illness is work-related. If there were any court rulings or legal changes regarding COVID-19, they would likely be documented in legal or health ministry publications.
The 45-year-old project manager's battle to prove his COVID-19 diagnosis as a workplace accident, following his hospital stay, is reminiscent of a similar case dismissed last year involving a saleswoman in Berlin. Despite Germany's legal framework potentially including provisions for recognizing occupational diseases or accidents, specific rulings or regulations concerning COVID-19 should be sought from German health and wellness authorities, as establishing the virus as a work-related medical-condition can be difficult due to its widespread nature.
