If a teenager falls off the bed on a school trip because of an epileptic seizure and injured, the statutory accident insurance does not have to pay. This has been decided by the Hessian State Social Court.
Pupils are on the school trip only accidentally covered by law, if the accident is related to their capacity as a student, the Hessian court in Darmstadt ruled in his judgment published on Tuesday. "Personal matters" are not covered by statutory accident insurance.
A 17-year-old from the district of Fulda had participated as a student of a special school in the company of an assistant on a multi-day class trip. The girl suffers from epilepsy, among other things. When the teenager wanted to go to breakfast, she cramped and was put on the bed by the assistant. From this she fell from unclear cause and injured her teeth. The accident insurance refused a compensation. The accident happened because of a seizure, but not because of "operational circumstances".
Protection only in certain cases
The judges of the third senate in Darmstadt gave the insurance right. According to this, students are also accident-insured on school trips. However, the insurance cover only exists for activities that are objectively related to the status as a pupil.
That the 17-year-old was put on the bed because of a seizure, had been a purely personal activity, which was not covered by the insurance. The insurance cover exists only within the organizational responsibility of the school.