Choking on coffee can be considered a workplace accident

What happened?

The claimant was employed as a foreman on a construction site. During a morning meeting in the site container, he drank coffee and began to choke. He started coughing so violently that he stepped outside the container to avoid disturbing the meeting and to recover. While outside, he momentarily lost consciousness and fell, hitting his face on a metal grate. As a result of the fall, he fractured his nasal bone.

The employer’s liability insurance association (Berufsgenossenschaft) did not recognize the incident as a workplace accident. They argued that the claimant was not covered under the statutory accident insurance scheme because drinking coffee did not serve a “work-related purpose” and instead fell within the scope of the claimant’s private life activities. The claimant filed a lawsuit with the competent Social Court, which dismissed the case, aligning with the assessment of the insurance provider. The claimant appealed the decision.

How did the Regional Social Court rule?

The Regional Social Court (LSG) of Saxony-Anhalt ruled differently. The court classified the incident and resulting nasal bone fracture as a workplace accident within the meaning of sec. 8 para. 1 s. 1 of the German Social Code, Book VII (SGB VII).

The court found that the required material connection between the coffee consumption and the insured construction work activity existed, based on the following reasoning:

Although eating and drinking generally do not serve a direct work-related purpose — as they satisfy basic human needs — the claimant’s intention was not to quench thirst. Rather, the collective act of drinking coffee during a mandatory morning meeting served to foster a positive work environment and enhance attentiveness and focus through caffeine intake. Moreover, the fact that the coffee was provided by the employer, rather than brought by the employee, was also key in establishing a connection to the insured activity.

The decision is not yet final and may still be subject to appeal.

Key takeaways from the decision

Courts regularly address the distinction between workplace accidents and private accidents. For example, the LSG of Hesse ruled on February 7, 2023 (Case No. L 3 U 202/21) that a fall while walking to the office coffee machine constituted a workplace accident, as it was directly related to the insured work activity.

Typical recognized workplace accidents include:

• Commuting accidents on the way to or from work, including certain detours (e.g., dropping off a child at daycare),
• Accidents during the actual execution of work tasks — even during short interruptions,
• Activities during breaks, if they are clearly in the employer’s interest (e.g., visiting the on-site cafeteria).

By contrast, there is generally no insurance coverage for purely private activities at work, such as personal phone calls. Likewise, personal errands (e.g., a trip to the supermarket during a break) typically fall outside the scope of coverage.

This ruling emphasizes the legal risks for employers in connection with seemingly minor everyday activities like drinking coffee. For legal assessment, the decisive factor is whether the activity is primarily shaped by business interests or serves predominantly private needs.

Employers should clearly document which activities are work-related. Proper prevention and documentation can protect them in case of legal disputes.

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