Appeal procedure_ Professional association_ Accident
October 21, 2013 | 35,00 EUR | answered by Jan Wilking
Hello,
I had an accident in 2011 on my way from Berlin to Coburg for a second job interview due to a road accident with a car (the driver's invitation was present, and reimbursement of costs was provided) and sustained injuries resulting in amnesia. I am still undergoing neuro-psychological treatment today. Hospitalization and rehabilitation led to moderate success.
I personally filed a lawsuit with the Social Court for injury benefits, etc., and it was rejected by the relevant employers' liability insurance association. This for me was not in direct connection with my work as a designer, as it was a trip for the purpose of signing a work contract.
Now, after the appeal grounds have been submitted, should I withdraw it?
Question: Yes or No
Employers' liability insurance associations are insurance institutions where hardly anyone (administration) gets their rights, especially when they say it was a "private trip."
What should I do, withdraw?
Thank you in advance.
Regards
Dear advice seeker,
I am happy to answer your inquiry taking into account the circumstances you have described and your efforts as follows:
The initial rejection is in line with the current case law. The Federal Social Court (judgment of 31.01.1974, case no.: 2 RU 169/72, judgment of 12.05.2009 - B 2 U 8/08 R) has ruled: "Anyone who visits an employer to initiate an employment relationship without the invitation of the employment office is not covered by insurance on the related routes, even if an employment contract is concluded, but the employment is only to begin at a later date."
An exception could only apply if you were to start work immediately after the employment relationship (see also LSG Saxony-Anhalt, 25.05.2011 - L 6 U 123/07).
Based on your brief description, I unfortunately see little chance that an appellate court will rule in your favor. A final assessment can only be made by a colleague specializing in social law who has access to all documents.
I would like to point out that insurance coverage may exist during a job interview at the request of the employment agency as part of job promotion and placement.
Please note that I cannot provide a definitive advice without knowing all the circumstances in this initial consultation. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them while providing access to all documents.
Best regards,
