Is an employer allowed to terminate an employee after an Arbeitsunfall (work accident)?

Basic principle:

There is no “absolute ban” that prevents an employer from terminating the contract of an employee who has suffered a work accident (Arbeitsunfall).

However, dismissal in this situation is subject to strict legal conditions and is closely scrutinised by the courts and insurance bodies.

When is dismissal permissible after a work accident?

Protection against dismissal during treatment and rehabilitation:

During the period of treatment or rehabilitation (Rehabilitation), the employee enjoys special protection against dismissal.

The contract may not be terminated merely because the employee is on sick leave due to the Unfall.

The employee must be given a full opportunity to undergo treatment and return to work.

Dismissal due to permanent incapacity:

If medical reports show that the employee will not be able to return to work on a permanent basis (i.e. there is a total or permanent incapacity),

the employer may, after exhausting all alternatives (offering lighter work, reducing hours, adapting the workplace, etc.), terminate the contract for personal reasons (personenbedingte Kündigung).

Strict conditions for dismissal:

The incapacity must be long-term and medically proven.

There must be no other suitable position within the company to which the employee can be transferred.

The works council (Betriebsrat), if it exists, must be consulted, and statutory notice periods must be observed.

A “balancing of interests” (Interessenabwägung) is carried out between the employee and the employer – the situation of the injured employee is usually given special consideration.

No arbitrary dismissal because of the accident:

The employee may not be dismissed because the work accident itself occurred; this would be unlawful discrimination.

Dismissal must be based on objective reasons, such as total incapacity and the absence of internal alternatives.

What should you do if you receive a Kündigung after a work Unfall?

Do not ignore it: you only have 3 weeks to file a Kündigungsschutzklage (unfair dismissal claim) before the Arbeitsgericht (labour court).

Seek immediate advice from a labour lawyer or a union (Gewerkschaft).

The dismissal may be invalid if all of the above conditions are not met, and courts often tend to protect the injured employee.

Summary:

An employee may not be dismissed automatically or arbitrarily after a work accident.

Dismissal is only possible in the case of permanent incapacity, lack of an alternative position, and full compliance with all legal requirements.

Any dismissal should always be reviewed with a legal expert within 3 weeks in order to challenge it.

The editorial and writing team of the website strives to provide accurate information based on extensive research and consultation of several sources. Nevertheless, errors may occur or some information may be incomplete or not fully verified. Therefore, the information contained in the articles should be regarded as an initial reference, and you should always consult the competent authorities for definitive and confirmed information.