Use of relatives on construction sites: professional association rejects recognition of an accident at work
Use of relatives on construction sites: professional association rejects recognition of an accident at work
well meant, but without claim to recognition
In many cases, relatives are used on private construction sites to increase the proportion of personal contribution and thereby save costs. But as it turns out, one cannot always hope for recognition by the professional association.A current case from Düsseldorf shows that a family assistant is not always recognized as such after a work accident on a private construction site. A 51-year-old man helped his son-in-law in renovation work on his house, in which his daughter and grandchild also lived. In the event of an accident, the family helper seriously injured and then applied for recognition as an accident at work at the professional association.
According to the applicable case law, so-called "how jobs", in which other people work on a construction site in a strange manner, are able to work as an accident at work. But does that also apply to close relationships? Exactly this question was clarified in the process before the Düsseldorf Social Court.
The court decided that the support of the son -in -law was clearly a family courtesy that could not be considered an employment. The scope and long duration of the work in favor of daughter, son -in -law and grandchildren are not to be equated with employment. The court came to the conclusion that in this case there was no "accident at work" in the legal sense.
This judgment clearly shows that even with well -intentioned help on private construction sites, one does not automatically be entitled to recognition as an work accident. There are clear legal limits that must be observed in such cases. Employers and helpers should therefore be aware that the professional association does not always step in.
It is important that when using family members on construction sites, the legal provisions are carefully observed in order to avoid unpleasant surprises. When it comes to security and protection, it is advisable to get legal advice in case of doubt.
In the event of accidents on construction sites, the security and the well -being of the helpers should always come first. Both employers and helpers should be aware of their responsibility and take all the necessary protective measures to avoid such accidents.