Anyone who makes a short stop at the petrol station on the way to work or brings the child to the daycare before working in the home office is not protected by statutory accident insurance. The Federal Social Court in Kassel (BSG) decided this after a series of lawsuits accident insurance,
The protection of the statutory accident insurance usually applies to
the direct way to work. If you drive off the road to refuel, you leave the direct way to work. The insurance coverage will only be available once you have returned to work after refueling, according to the judges of the BSG. Accordingly, refueling is generally not insured. The lawsuit filed by a worker who would have come home after work without a tank of gas was unsuccessful.
However, there are exceptions to the direct commuting regulations for parents who bring their children to daycare or for other childcare. A necessary detour is also insured by law. For parents who work from their own home, the regulation is different according to the case law of the BSG: The route to the daycare center and back cannot be seen as a detour from work, the judges said. There is no way for the way from home office to daycare and back
Accident protection, even if you start work immediately afterwards.
In addition, the judges of the BSG questioned whether it was necessary for home office workers to entrust the children of third parties to their care because of their professional activities. The legislature was not required to provide every conceivable arrangement that would benefit the insured to promote the family, it said in the reasoning of the judgment. In doing so, the BSG dismissed the complaint of a woman who had fallen on her way back from daycare to her home office.