Accident Insurance Cover for Workplace Social Events

Nov 12, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified when an injury sustained at a workplace social event qualifies as an accident at work.

Second Lieutenant injured during curling tournament

The deputy chairman of the Military Command’s Staff Committee sustained an injury to his right hand after falling during the unit’s annual curling tournament. The injury reduced his earning capacity by 10 per cent. The insurer declined to recognise the incident as an accident at work and awarded no benefits. The Second Lieutenant subsequently sought a disability pension.

Competition or camaraderie: Which purpose predominates?

The court of first instance dismissed the claim, holding that the event’s competitive nature and voluntary participation precluded its classification as an accident at work. The court of appeal reached a different conclusion: Competition was not the event’s primary focus, and the injury therefore qualified as an accident at work.

The OGH upheld this assessment. An event falls within the scope of statutory accident insurance only if it serves the employer’s objectives by strengthening relationships between management and employees and among employees themselves. Sporting activities, such as a skiing day, may also serve this purpose. Insurance cover may extend to sporting competitions where the employer’s interests take precedence and the activity can contribute significantly to the insured person’s economic livelihood. Where competition predominates, however, cover is generally unavailable, and the event is not regarded as a workplace social event.

The assessment depends on the specific circumstances of each case.

In this case, the tournament was intended to promote physical activity, cohesion, and camaraderie within the military command as a team-building exercise. It took place during working hours and had been authorised by the military commander. The OGH considered the court of appeal’s assessment that strengthening the sense of belonging was the decisive factor to be reasonable. There was therefore no basis for intervention.

OGH, 10 ObS 65/26w (15 September 2026)