Workplace accident on the way to the construction site

Accidents on the way to work are not normally considered workplace accidents. However, if a tradesperson drives to a construction site in a company vehicle, the situation is different, the Federal Labor Court ruled.

This article is part of the special topic Work accidents and their consequences

Did a construction worker in company bus on the way to an external Construction site einen Unfall und ist danach lange arbeitsunfähig, gilt das als ein Work accident in accordance with the collective bargaining agreement. Because the damage occurred "during the activity" ein, wie der Tarifvertrag es fordert, entschied das Bundesarbeitsgericht. Damit steht dem Handwerker das ta­rif­li­che 13. Mo­nats­ein­kom­men zu.

The case

The road builder He regularly moved between different construction sites since 2006. The following applied to his employment relationship: collective agreements of the construction industry, including the Collective agreement on the 13th month's salary (TV 13th month's salary)).

It states verbatim: "Only those employees who have performed at least 10 working days during the reference period or who have been unable to work due to weather-related work stoppages, short-time work stoppages or sickness-related incapacity for work, which is based on a They were unable to prove that the accident was caused by their work.

For trips to the construction sites, the employer provides a VW van, which is also used to transport work materials. Every morning, the vehicle picks up the employees from their homes and takes her to the construction siteIn June 2021, an incident occurred on one of these trips. Traffic accident. The construction worker was seriously injured and was out of work until the end of November 2022. unfit for work.

The Company refused him 13th month income of approximately 2.700 euros gross, on the grounds that his incapacity to work was due to a commuting accident, which according to § 2 para. 5 TV 13th month's income no claim justify.

The judgment

The Federal Labor Court (BAG) sided with the construction worker. It ruled that the tradesman was entitled to the collectively agreed 13th-month salary despite his prolonged incapacity for work. is entitled to. Because the reason for his illness was the accident on a "work-related journey" to the construction site.

Workplace accidents "during the course of work" also apply on the way to or from work.

The Federal Labor Court (BAG) clarified: The collective bargaining agreement regarding the 13th-month salary does not only cover accidents on construction sites. The decisive factor is the definition of "work-related accident" as used in the collective bargaining agreement. "during the activity", who is based on the understanding of occupational accident law Section 8 para. 1 SGB VII oriented. Mere road accidents were excluded.

The situation is different – ​​as in this case – in accidents on so-called operational routesAccording to the court, a route is considered to be for business purposes if it is travelled in the direct interest of the business and part of the work contractually owed is. For construction workers deployed to external construction sites, this is part of the Arrival and Departure regularly falls under the main performance obligations. This applies all the more so when – as in this case – a vehicle provided by the employer is used and work equipment is transported in it.

The Federal Labor Court (BAG) found this interpretation to be confirmed by the purpose and intent of the collective bargaining agreement. In the case of an accident on a Operating route A project is being realized at the external construction site. Risks from the operational Organization. A limitation to purely "construction site accidents" cannot be inferred from the wording of the collective agreement.

The craftsman is therefore entitled to the 13th month's income.

Federal Labor Court, judgment of 12 November 2025, Ref. 10 AZR 184/24

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