SGB VII – Statutory Accident Insurance (Germany)
The Seventh Book of the German Social Code (SGB VII) of 7 August 1996 is the legal basis of German statutory accident insurance; it governs the insured population, insured events (occupational accident, commuting accident, occupational disease), prevention, medical treatment, cash benefits such as injury benefit and injury pension, the replacement of employer liability, and the organisation and financing through Berufsgenossenschaften and public accident insurance funds.
Core elements
SGB VII of 7 August 1996 entered into force on 1 January 1997 and replaced the provisions of the Reich Insurance Code. Under § 1 SGB VII the task of accident insurance is to prevent occupational accidents, occupational diseases and work-related health hazards by all suitable means and, after an insured event, to restore the health and working capacity of insured persons and to compensate them or their surviving dependants through cash benefits. Insured by law are above all employees, and in addition children in day care, pupils and students, volunteers, first-aiders and blood donors, among others (§ 2 SGB VII); entrepreneurs may insure voluntarily or are included by statute (§§ 3, 6 SGB VII). Insured events are occupational accidents including commuting accidents, and occupational diseases (§§ 7–9 SGB VII). Benefits comprise medical treatment, medical, vocational and social rehabilitation, care, injury benefit, transitional allowance, pensions for insured persons and survivors, and death grants (§§ 26 ff. SGB VII).
Replacement of liability, organisation and financing
A central structural feature is the replacement of employer liability: insured persons generally cannot bring civil claims against their employer or colleagues for personal injury arising from occupational accidents (§§ 104 ff. SGB VII); in return the entrepreneurs bear the contributions alone (§ 150 SGB VII). The carriers are the industrial Berufsgenossenschaften, the agricultural Berufsgenossenschaft and the public-sector accident insurance institutions (§ 114 SGB VII), which are financed on a pay-as-you-go basis according to a hazard tariff (§§ 152 ff. SGB VII). The carriers are self-governing and united in the German Social Accident Insurance (DGUV); legal supervision lies with the Federal Office for Social Security or the federal states.
Country comparison
Unlike the Swiss UVG, SGB VII does not cover leisure accidents; these are left to statutory health insurance and private accident insurance. In return it covers a significantly wider group of persons (pupils, volunteers) and has a separate category for commuting accidents. The Austrian counterpart is accident insurance under Part 7 of the ASVG with the AUVA as almost sole carrier. For the private insurance industry SGB VII defines the gaps that group accident, sickness daily allowance and occupational disability insurance close.
Legal basis
- DE: § 1 SGB VII
- DE: § 2 SGB VII