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Arm broken while arm wrestling: Boss does not pay wages in case of illness

2022-10-05T05:38:03.028Z

Injury while arm wrestling: Employer does not pay wages Created: 05/10/2022, 07:30 By: Carina Blumenroth A worker broke his arm during an arm wrestling duel. His boss didn't want to pay his wages when he was ill. © Sergiy Tryapitsyn/Imago During his break, an employee broke his arm arm wrestling. The employer no longer pays the wages because the employee "willfully endangered himself". All em



Injury while arm wrestling: Employer does not pay wages

Created: 05/10/2022, 07:30

By: Carina Blumenroth

A worker broke his arm during an arm wrestling duel.

His boss didn't want to pay his wages when he was ill.

© Sergiy Tryapitsyn/Imago

During his break, an employee broke his arm arm wrestling.

The employer no longer pays the wages because the employee "willfully endangered himself".

All employees are entitled to the statutory break for recreation.

Employees of a manufacturer of trailer couplings and bicycle racks used their break for an arm wrestling duel.

One worker broke his arm.

The employer did not pay the salary for the five-week incapacity to work.

The reason: the employee "willfully endangered himself" and did not use the break to regenerate.

The case ended up before the labor court in Bielefeld.

Don't miss anything: You can find everything to do with careers in the regular careers newsletter from our partner Merkur.de.

No continued payment of wages in the event of an injury during the break?

All employees who are ill actually receive continued wages from their employer.

That is stipulated by law.

Specifically, this is Section 3 of the Continued Remuneration Act.

It says:

If an employee is prevented from performing his or her work due to incapacity to work due to illness through no fault of his own, he is entitled to continued payment of wages in the event of illness from the employer for the period of incapacity to work for a period of up to six weeks.

Section 3 of the Continued Pay Act

This principle does not apply if employees are responsible for their illness.

The employer in this case argued that arm wrestling was dangerous and that the employee was at fault for his injury.

The court did not see it that way.

The employer relied on the fact that his employees should not have arm wrestled in the company.

According to the court, however, the place is irrelevant for its decision.

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Injury during the break: When is an accident self-inflicted?

The

DGB legal protection

explains on its own homepage that employees can, for example, incur culpable injuries in sports accidents.

This is the case when the strength and abilities are significantly overestimated and injuries are suffered as a result.

The rules and safety regulations for sports should also be observed. If employees grossly violate them and are injured as a result, they are also responsible for their injury.

The consequence?

You will not receive continued wages from your employer.

By the way: If you work from home, you should read here which routes are insured there.

These sports are "dangerous"

  • skydiving

  • kickboxing

Source: DGB legal protection, as of October 4th, 2022

Injured at the break: arm wrestling is not dangerous

In this case, the labor court ruled that the employee was not at fault for the injury.

He is entitled to continued payment of wages in the event of illness.

The verdict is not yet legally binding.

Source: merkur

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