Germany: Statutory accident insurance protection also applies on a “trial day”

The plaintiff had applied for a job as a truck driver in a company that primarily disposes food waste. After the job interview, the plaintiff and the possible employer agreed on an unpaid “trial day”, which was supposed to take place two days later. On the “trial day”, the plaintiff fell off a truck and injured his head. The employer refused to grant any compensation from the statutory accident insurance.

The Federal Social Court has now confirmed that the incident was a work-related accident and the plaintiff was, therefore, insured as an employee under the statutory accident insurance. According to the court, applicants who are injured during a “trial day” are generally covered by the statutory accident insurance.

Even though the applicant was not paid as an employee, he was insured since his workforce had economic value for the possible employer. The “trial day” was not only in the plaintiff’s own interest to obtain permanent employment, it was also intended to enable the possible employer to select a suitable applicant. Therefore, the applicant could be equated with an employee and is entitled to compensation from the statutory accident insurance.