The case

The dispute concerned whether or not a trainee employed by a Swiss firm was covered by the Swiss mandatory accident insurance (UVG) at the time of an accident that occurred while he was on holiday abroad (16 April 2022).

Source: BGE 8C 75/2024 12.08.2024

The commentary

The key issue in this case was whether the trainee qualified as a person employed in Switzerland within the definition of Art. 1a (1) (a) UVG (Accident Insurance Act), which would have entitled him to insurance coverage for occupational and non-occupational accidents.

The Federal Supreme Court ruled that the UVG insurer’s refusal to pay benefits was justified as actual work in Switzerland is a necessary condition under the applicable legal provisions. The trainee had from the beginning of the employment worked exclusively abroad and never performed any work in Switzerland before the accident. The fact that a permanent employment contract was signed in September 2022, several months after the accident, did not alter this assessment, as mere intent or expectation of future work in Switzerland does not suffice to establish insurance coverage. Nor could the claimant rely on any treaty-based provision to establish coverage, as no cross-border posting or applicable international agreement applied in this case.

This case highlights the importance of accurate insurance classification: despite contributions having been paid, benefits were rightly denied because coverage could not be established under the applicable legislation.