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

Basic principle:

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

However, any dismissal in this situation is subject to strict legal conditions and is reviewed very sensitively 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 medical treatment or rehabilitation, the employee enjoys special protection against dismissal.

• The employer may not terminate the contract solely because the employee is on sick leave due to the Unfall.

• The employee must be given a full and genuine opportunity to recover and return to work.

Dismissal due to permanent incapacity:

• If medical reports show that the employee will no longer be able to return to work on a permanent basis (i.e. there is a complete or permanent incapacity to work),

• the employer may – only after exhausting all reasonable alternatives (offering a lighter role, reducing working 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 documented.

• There must be no other suitable position within the company to which the employee could be reassigned.

• The works council (Betriebsrat), if present, must be consulted, and the statutory notice periods must be observed.

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

No arbitrary dismissal because of the accident itself:

• The employer may not dismiss an employee because the work accident occurred; this would be considered unlawful discrimination.

• Any dismissal must be based on objective reasons, such as permanent full incapacity to work and the lack of internal alternatives.

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

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

• Immediately seek advice from a labour lawyer or your trade union (Gewerkschaft).

• The dismissal may be invalid if the above conditions are not all fulfilled – and courts often tend to protect the injured employee.

Summary:

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

• Termination is only conceivable in cases of permanent incapacity, no suitable alternative position and strict compliance with all legal requirements.

• Any dismissal should always be reviewed by a legal expert within 3 weeks, so that it can be challenged in due time.

The editorial and writing team of the website strives to provide accurate information based on thorough research and consultation of multiple sources. Nevertheless, errors may occur or some information may be incomplete or not fully verified. Therefore, please treat the information contained in these articles as an initial point of reference and always consult the competent authorities for definitive and reliable information.