Vase attack as an accident at work: court ruling causes a sensation

Vase attack as an accident at work: court ruling causes a sensation

social responsibility and legal protection in voluntary care

In the context of the volunteer, especially in the care of people with disabilities, a remarkable court decision by the State Social Court of Saxony-Anhalt raises questions about the social responsibility of supervisors. The case that occurred in February 2016 illuminates the challenges and risks that volunteers have to cope with in their everyday life.

background of the incident

The plaintiff, a father and volunteer supervisor of his 38-year-old son with a intellectual disability, experienced a dramatic incident in the shared apartment. The dispute escalated when the father tried to move the son of cleaning up his mold affected by mold to let a building expert in. After the son reacted angry and hit a hammer through the room door, the father called for help. In the heated atmosphere there was a physical attack in which the son hit the father on the head.

decision of the State Social Court

After the incident, the responsible accident fund initially refused to recognize the father's injury -related laceration as a work accident. It was argued that the support of the children for tidying up was part of everyday family life and does not fall within the framework of an insured activity. However, the Saxony-Anhalt State Social Court corrected this perspective. It decided that the father's actions were related to his legal task for health care and thus represents an accident at work. This decision is also liable for the responsibility to get help for the son, which has imposed additional dangers to the supervisor in this special role.

meaning for volunteers and the legal protection

This case has far -reaching implications for the legal protection of volunteers. He makes it clear that both responsibility and the risks associated with it have to be taken seriously. The legal framework for volunteers may have to be reconsidered to ensure that such cases are appropriately evaluated and supervisors are protected in their important social role.

FAZIT

The decision of the LSG Saxony-Anhalt is not only a pioneering judgment for the plaintiff, but also sets a sign for society that deserves help and the activities of volunteers. It is essential that both legal and social framework conditions are created to ensure the security and efficiency of voluntary work. A better understanding of this responsibility can help prevent future incidents and to improve support for people with disabilities.