COVID-19 at Work Still a Grey Area: Potsdam Court Decision Falls Short of Setting Precedent
Workplace Coronavirus Transmission Not Automatically Classified as Occupational Injury (Court Decision) - Workplace Infection: Coronavirus Not Necessarily an Occupational Accident as Per Court Ruling
Here's the lowdown: A 45-year-old man from Brandenburg, a project manager in a 130-employee firm, caught COVID-19 in April 2021 and needed two weeks in the hospital. He had meetings with colleagues and the managing director who later tested positive. Despite this, the employer's insurance wouldn't cough up the cash for treatment and comp, stating it wasn't a blasted work accident.
The dude took his gripes to the Social Court in Potsdam, but they said no soup for you. He appealed, and the Higher Social Court agreed with the original decision. While COVID-19 can potentially be a work accident, this particular case was too vague. There wasn't enough proof to show the infection happened at the workplace and not in his own four walls. Assuming complete isolation in private life wasn't realistic.
This ruling, on May 27, 2025, isn't final yet. The man can still ask the Federal Social Court for a chance to appeal.
Now, some fine details:
What's a Work Accident?A work accident, in this case, means an infection directly caused by work-related exposure. This is different from typical job hazards like falling off a ladder or getting a papercut. Instead, it refers to situations where the risk of infection is significantly higher than the public average.
What About COVID-19?For COVID-19 to be considered a work accident, the infection needs to be directly tied to the workplace or work duties, and the risk must clearly exceed the public risk. This typically applies when the job involves special duties or risks—like healthcare work or first responder gig—and there is clear evidence of a specific work-related virus exposure.
These criteria align with Germany's Social Law regarding occupational accidents and diseases (§ 8 SGB VII). If the infection can be clearly traced to a specific workplace or event, and the risk is demonstrably higher than for the general public, it can be acknowledged as a work accident.
There's been no substantial change in Potsdam's jury rulings to indicate stricter or more detailed conditions. The main focus remains on the causal connection and the extraordinary risk associated with the job.
- Institutions like the Social Court in Potsdam, Higher Social Court, and Federal Social Court play crucial roles in adjudicating cases related to work accidents, including those involving medical conditions such as COVID-19.
- In the field of science, particularly health and wellness, understanding the implications of COVID-19 in the workplace, and determining its status as a work accident, is an ongoing area of general news and political discourse.
- The community institution where one works, be it a 130-employee firm or a healthcare facility, can potentially expose individuals to higher risks of infectious diseases like COVID-19, highlighting the importance of work-related safety institutions and guidelines.
