Traffic accident without a driver's license: no entitlement to disability pension
Traffic accident without a driver's license: no entitlement to disability pension
A new look at the pension claims for traffic offenses
The legal framework for pension claims are complex and often difficult to understand. A current judgment of the Social Court of Gießen is now the importance of law on the right, especially when it comes to the protection of social benefits.
the case of a 28-year-old cook
The focus is on a 28-year-old chef who has seriously an accident during a nightly drive. He came off the road and thus suffered several fractures and permanent damage to an arm nerve. Due to his injuries, he applied for a disability pension from the German Pension Insurance Hesse. However, this request was rejected with reference to previous violations of the law.alcohol penalty and license withdrawal
At the time of the accident, the man was without a valid driver's license and had a blood alcohol value of 1.39 per thousand, which classifies him as non -travel. Previously, he had already been convicted of negligent drunkenness in traffic and driving without a driver's license. These circumstances led the court to recognize that the plaintiff's health impairments resulted directly from his behavior.
The legal foundations for the decision
The social court referred to § 104 SGB VI, which allows pension insurance to refuse payments if a health impairment is due to illegal action. This provision is intended to prevent serious misconduct "rewarded" by social benefits. The plaintiff argued that he had the necessary driving knowledge because he had had a driver's license in the past. However, the court saw it differently and found that the condition of the plaintiff was decisive for his cause of the accident at the time of the accident.
social implications and the responsibility of the community
This judgment not only has legal, but also social implications. It illustrates that those who violate laws and thus cause accidents are both legally and financial consequences. The court's decision sets a strong signal that responsible behavior is expected on the streets. At a time when traffic safety is of central importance, such judgments can help promote and ensure that social benefits are not used to apologize or to compensate for punishable behavior.
conclusion: a clear message
Finally, it can be said that the Gießen Social Court sets a sign with its judgment. It underlines the need to take personal responsibility seriously in public. A violation of the law, which leads to damage to health, has far -reaching consequences, not only for the perpetrator, but also for the social community. By creating these strict criteria, the pension insurance is also the idea of social justice that plays a central role in German social law.
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