The woman living in Neukölln was owner of a flower stand. While the woman selling flowers in front of the Hospital Neukölln, her ex-husband was racing with a rented pickup truck in their booth, the woman was critically injured. A few hours earlier, the ex-husband had tried to stab his current partner. He later killed himself. The woman was injured on your job seeks the recognition of a work accident . The Berufgsgenossenschaft refused with reference to the fact that it is purely a private conflict has acted. A correlation between the occupational status of women and the incident did not exist.
The woman complained to the rejection of the trade association before the SG Berlin. This ruled in their favor ( Judgement of 22 February 2011 (S 25 U 406/10 ). The reason given was that can not be clarified was whether in fact purely personal reasons led to the accident or are related to the employment of florist stand. The probability is for an industrial accident within the meaning of the statutory accident insurance.
In the press release, the verdict reasons are summarized as follows.
who is injured at work is in principle protected by the statutory accident insurance. Critical to the question whether an attack (for example, robbery or - as here - Amokfahrt) is regarded as a work accident , is the motive of the attacker. The protection of the statutory accident insurance only lapses if the motives of the parties only to the personal area relate. For this purpose, the accident insurance carrier the burden of proof.
Stay the exact motives of violence at work in the dark, has the victim claims to benefits under the statutory accident insurance.
In present case, there is both evidence of Beziehungstat and for a work related motive of the perpetrator. It is possible that the suspect, who had previously operated a flower stall itself, has acted out of jealousy of the professional success of the applicant. Perhaps it seemed particularly important to destroy with the flower stall the economic livelihood of the applicant. This is supported, among other things, that because of the round windows of the flower stand with perspex from the outside was not exactly obvious that the applicant had resided in the interior of the stand.
Since the offender had committed suicide while on remand life, its different Survey from. Before the police he had kept silent about his motives. Nor can the Court as a witness was made to the applicant's partner Tathintergrund no statements.
The ruling by the trade association may be subject to appeal with the appeal to the Social Court of Berlin-Brandenburg in Potsdam.
specialist in labor law Dan Fehlberg Lawyers Dr. Kühl & Koll Elm Street 42 09112 Chemnitz Tel: 0371-355900 Fax: 0371-3559020 Email: buero@anwalt-in-chemnitz.de 
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