Diabetic: Accident on the way home insured despite detour

The Federal Social Court ruled: Anyone who takes a detour on their way home from work because they have hypoglycemia due to diabetes is legally insured in the event of an accident.

This article is part of the special feature on workplace accidents and their consequences.

An employee who makes a wrong turn on their way home from work through no fault of their own can still be covered by statutory accident insurance . Even a mistake caused by illness remains insured – as a recent ruling by the Federal Social Court demonstrates.

The case

A diabetic employee who relies on insulin drove his car past the turnoff to his home after work. Shortly afterwards, his car collided with an oncoming truck. Paramedics diagnosed him with hypoglycemia .

The relevant employers' liability insurance association did not recognize this as a commuting accident. They argued that the man, having missed the turn, was on an uninsured detour.

The Federal Social Court (BSG) rules in favor of the insured.

The Federal Social Court sided with the injured party. It emphasized that, according to Section 8 of the German Social Code, Book VII, employees are legally insured against accidents on their direct route to and from work, while private detours lead to the loss of this protection. The decisive factor, however, is whether the insured person deliberately deviates from their route home.

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The driver was unable to act consciously due to hypoglycemia. Therefore, the objective deviation from the planned route did not automatically invalidate his insurance coverage. The court clarified that the man had not made a self-directed, privately motivated decision. Rather, his misconduct stemmed from an involuntary illness beyond his control . The connection between his intended route and his insured activity was never interrupted in a controllable manner. Consequently, the accident falls under the protection of statutory accident insurance as a commuting accident .

Federal Social Court, Judgment of August 25, 2026, Case No. B 2 U 6/24 R

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