Occupational Accident (Berufsunfall, BU)

Concept

Art. 7 para. 1 UVG treats as an occupational accident any accident the insured person suffers while performing work on the employer’s instruction or in the employer’s interest, as well as accidents during work breaks and before or after work, provided the person is lawfully present at the workplace or within the area of hazards connected with the occupation. What matters is therefore not the location alone but the material and temporal link with the work. The general definition of accident (Art. 4 ATSG) must also be met. Under Art. 12 UVV accidents on business trips and at events organised by the employer also count as occupational accidents.

Distinction from non-occupational accident

All accidents that are not occupational accidents are non-occupational accidents (Art. 8 UVG). The distinction determines who pays the premium: the premium for occupational accidents and occupational diseases is borne solely by the employer (Art. 91 para. 1 UVG), the premium for non-occupational accidents in principle by the employee. For part-time employees working fewer than eight hours a week, who are not insured against non-occupational accidents, the commute expressly counts as an occupational accident (Art. 7 para. 2 UVG) – Switzerland therefore has no separate category of commuting accident. On the benefits side the UVG treats both categories alike; reductions for gross negligence, however, apply only to non-occupational accidents (Art. 37 para. 2 UVG).

Country comparison

In Germany the counterpart is the Arbeitsunfall under § 8 SGB VII, in Austria the Arbeitsunfall under § 175 ASVG; both include commuting accidents and are financed solely by the employer. Unlike in Switzerland, statutory accident insurance in those countries does not extend to leisure accidents, which are covered by health insurance or private accident insurance.