Chef's injury claim denied after forgetting apartment key on way home
A chef injured while returning home for a second time after forgetting his apartment key has lost his claim for work accident insurance. The Austrian Supreme Court ruled that his trip back fell under private interests, not work-related travel. This decision confirms a strict limit on coverage for such detours.
The incident began when the chef left work and headed towards his accommodation. After realising he had forgotten his key, he turned back to retrieve it. On his second attempt to reach home, he suffered an injury.
The chef's accident insurance provider refused to cover the incident. They argued that the return trip was unrelated to his job. The Regional Court in Leoben initially dismissed his claim, agreeing that the journey no longer qualified as work-related. The case then moved to the Higher Regional Court in Graz, which allowed an appeal to the Supreme Court. The Supreme Court upheld the stricter interpretation, ruling that accident insurance only applies to the direct journey home. Any deviation for personal reasons—such as retrieving forgotten items—removes the protection. In Germany, similar rules apply: workers are covered for accidents on their direct route to or from work. However, once the journey is interrupted for private matters, insurance benefits no longer apply. These benefits can include enhanced medical care or even a disability pension in serious cases.
The Supreme Court's decision sets a clear boundary for accident insurance coverage. Employees injured while retracing steps for personal reasons will not receive work-related benefits. The ruling reinforces that only the initial, uninterrupted journey home qualifies for protection.
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