Insurance coverage for workations: A comparison between Switzerland and Germany

The modern world of work no longer recognizes borders – and not just in a figurative sense. Combining work and vacation, known as a workation, is becoming increasingly popular. But what about insurance coverage if an accident occurs during a workation? A comparison of the regulations in Switzerland and Germany reveals significant differences and similarities that are important for employees and employers.

Insurance coverage in Switzerland

In Switzerland, employees are fully insured against occupational accidents and diseases. This insurance also covers non-occupational accidents if the employee works at least eight hours per week. This also applies to employees working from home and to business or official trips.

According to Article 2, paragraph 1 of the Swiss Accident Insurance Act (UVG), insurance cover also includes temporary stays abroad, as long as these are limited in time. This means that cross-border work assignments are also covered in principle. But what counts as an occupational or non-occupational accident?

Occupational accidents are accidents that happen to an employee either while working, either at the employer's request or in the employer's interest, or as accidents that happen to him during a break, as well as before or after work, if he is still at work or in an area related to his professional activity

Non-occupational accidents, on the other hand, are all other accidents that are not occupational accidents, whereby accidents on the way to and from work are usually also considered non-occupational accidents.

The flexibility of workations often leads to a blurring of the line between work and private life, making it difficult to clearly define the “danger zone” or “workplace”. In addition, the greater spatial and temporal distance from the employer compared to a home office further limits the direct authority to issue instructions. Nevertheless, occupational accidents can also occur during a workation if the employer's interest in the activity outweighs the employee's self-interest. However, in the case of accidents during breaks, such as surfing or sunbathing, it often remains unclear whether they are considered occupational or non-occupational accidents.

If an accident occurs during a workation, the accident insurance covers the costs and the loss of earnings, while the employer is only liable for damages that are not covered by the insurance. However, part-time employees who work less than eight hours per week are only protected against occupational accidents, which can lead to problems during a workation if it is a non-occupational accident. Employers should point out such insurance gaps to their employees.

Insurance coverage in Germany

In Germany, statutory accident insurance is limited to occupational accidents and diseases (Art. 8 SGB VII). Non-occupational accidents, i.e. those that occur outside of the work context, are not covered. This is particularly relevant for workations, where the private component is often mixed with the professional activity.

The definition of occupational accidents in Germany is broader than in Switzerland. In addition to accidents at work or during work activities, accidents in connection with insured activities are also covered (Art. 8 para. 2 SGB VII). The local and temporal context as well as the so-called action tendency, which takes into account the benefit of the activity for the company and decides whether it is an occupational accident, are important here.

In the case of workations, statutory accident insurance coverage remains in place if the conditions for secondment are met (Art. 4 SGB VII). However, employers are only liable for damages not covered by accident insurance if there is a conditional intent to injure (dolus eventualis) (Art. 104 SGB VII). This restriction makes it more difficult to prove contributory negligence on the part of the employer in the event of an accident during a workation.

Conclusion

The accident insurance systems in Switzerland and Germany differ considerably. While Switzerland offers more comprehensive protection, particularly for non-occupational accidents, in Germany protection is limited to occupational accidents and the employer's liability is more restricted. For employees who work internationally or plan to work abroad, it is therefore advisable to find out exactly what the respective conditions of the insurance cover are and, if necessary, take out additional insurance. This is the only way to ensure that both employer and employee are well protected and to avoid unexpected surprises.