OGH: No Injury Compensation after Construction Site Accident

Dec 19, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a decision regarding compensation for physical impairment under Section 213a of the Austrian General Social Security Act (Allgemeines Sozialversicherungsgesetz, hereinafter ASVG) in cases involving workplace accidents.

In the case at hand, the plaintiff had engaged in duties at a construction site and sustained severe injuries following a fall while at work. Consequently, he was awarded a provisional disability pension. In 2020, the defendant granted the plaintiff a permanent pension equal to 50% of the full entitlement. The impairment to integrity was evaluated at 65%.

Responsibilities outlined in health and safety protocol

The site coordinator overseeing the construction project made sure to add fall protection rules to the project’s health and safety protocol (Sicherheits- und Gesundheitsschutzplan, hereinafter SiGe Plan).

This protocol constituted a fundamental component of the contract for all construction firms participating in the project. Each contractor was required to transfer all tasks and responsibilities pertaining to SiGe-relevant information to the site coordinator and to disseminate communications from the coordinator accordingly. Additionally, contractors were responsible for instructing every employee on relevant safety regulations and ensuring their familiarity with the specific conditions of the construction site.

Construction coordinator fails to act after reported wall damage

The construction coordinator was informed of a wall break at the site but did not take any action. The last inspection was performed just one day prior to the accident.

The plaintiff is now requesting damages for a breach of contract, in accordance with legal provisions. The construction site lacked proper safety measures, he claimed, and failed to follow the SiGe plan, which resulted in severe negligence regarding employee protection rules.

OGH rejects claims

The site coordinator appointed by the client cannot be held liable for personal injury compensation under Section 213a of the ASVG, even if they show gross negligence in violating employee protection regulations under the Austrian Construction Work Coordination Act (Bauarbeitenkoordinationsgesetz, hereinafter BauKG). Section 213a of the ASVG provides personal injury compensation only to those who have a liability privilege according to Section 333 of the ASVG.

The main focus of the BauKG regulations is on building owners, not the employers.

OGH 10 ObS 95/25f (21 October 2025)