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Vaccination damage as an accident at work

According to a ruling by the Mainz Social Court, employees who suffer damage as a result of a vaccination recommended by the employer are entitled to a pension from the statutory accident insurance (Az .: S 10 U 48/11).

In concrete terms The case concerned a children’s nurse who worked in a center for child and adolescent medicine. Her employer urgently recommended that she be vaccinated against the H1N1 swine flu virus, which she also had. As a result, however, the woman became so seriously ill that she was no longer able to work.

In this case, the court saw an objective connection between the woman’s activity and the vaccination. Therefore, the vaccination damage can be understood as an accident at work that resulted in reduced earning capacity. An accident at work is covered by the statutory accident insurance so that the woman is entitled to a pension. However, the employer’s recommendation for vaccination is always decisive for the recognition of vaccination damage as an occupational accident. The court did not accept the objection of the accident insurance that the nurse had voluntarily undergone the vaccination and was not obliged to do so. It referred to the high risk potential of infection to which the woman was exposed at her workplace.

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