No accident insurance cover for e-scooter accidents on the way to work

In a recent decision, the Supreme Court (OGH) clarified the extent to which an accident involving an e-scooter qualifies as an accident at work and what employees should take care of for in future. 

Facts:

In the underlying case, an employee fell off his e-scooter on the way to work, as the front wheel slipped off on a wet road during the employee´s breaking . The plaintiff argued that e-scooters are nowadays common means of transportation, such as bicycles, which is why the accident should also covered by insurance. 

However, the accident insurance company and the lower courts dismissed the claim, which was then confirmed by the Supreme Court. 

Reasoning of the Supreme Court:

The Supreme Court clarified that the statutory accident insurance cover applies to accidents caused by general road hazards, such as slippery roads or unforeseeable obstacles. Specific risks resulting from the design of e-scooters – such as low stability – are not covered. E-scooters are categorised by the legislator as ‘trendy sports equipment’, the use of which requires particular skills and therefore does not guarantee safe riding. The road traffic authorisation of an e-scooter is not relevant here. 

Conclusion:

In principle, employees are free to choose their means of transportation to work. However, accidents with e-scooters on the way to work are not automatically considered accidents at work and are not covered by statutory accident insurance, provided the accident is due to the usual risks of using an e-scooter and not a general road hazard. 

(OGH, judgement of 08.10.2024, 10 Ob S55/24x).