Be careful at the company party!

During Carnival, many companies also have a party atmosphere. Those celebrating with colleagues are generally covered by statutory accident insurance. But there are exceptions.

This article is part of the special feature on company parties and company outings: What employers should pay attention to

The legal definition of a company party is precisely regulated. And there are numerous exceptions that invalidate accident insurance coverage, even though it's officially a company event. ARAG experts explain.

Checklist: Requirements for insurance coverage

There are four essential requirements for a celebration with colleagues to be legally classified as a company party and for the protection of statutory accident insurance to apply.

• First, the celebration must be organized by the company's management or at least explicitly approved. While the boss doesn't have to organize the celebration himself, the company must support its planning and implementation.
• Furthermore, the celebration must have the purpose of strengthening the working atmosphere and promoting solidarity among employees.
• In addition, either the boss or a representative designated by him must be present at the celebration.
• The final requirement for a company party to be considered official is that all employees must be invited. However, in large companies, it may be sufficient for the head of a smaller organizational unit to host the party for their employees.

→ If these conditions are met, accidents are covered. This also applies to the journey to and from the event. The location of the celebration is irrelevant for insurance coverage.

If the boss leaves, the insurance coverage can end!

The company party can officially end when the boss leaves , thus also ending insurance coverage. However, coverage can also lapse earlier if only one employee and their supervisor remain. In such cases, it may be considered a private gathering ( Hessian State Social Court, Case No.: L 3 U 71/06 ). If the boss declares the party over, insurance coverage automatically ceases, even if all employees, including the boss, are still present and continuing to celebrate.

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Heavy alcohol or drug consumption can lead to a loss of accident insurance coverage, specifically if the intoxication is the primary cause of the accident. Since most accidents occur on the way home from company parties, ARAG experts recommend taking a taxi or using a private ride-sharing service. Those who absolutely must drive their own car should avoid detours, as only the direct route home is covered ( Hessian State Social Court, Case No.: L 3 139/05 ).

A hike with colleagues

What about accident insurance coverage if a hike is organized as a company celebration? According to ARAG experts, even an active company-sponsored social event is covered. The prerequisites are that it must be open to all employees and the team leader must be present ( Federal Social Court, Case No.: B 2 U 19/14 R ). In principle, all activities that serve the overall purpose of a company celebration are covered. Therefore, not only eating, drinking, and dancing are covered, but also participation in hikes or games, as well as setup and takedown, provided they are part of the organized program.

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