Ski accidents: who is liable?

 

 

Every year in Switzerland, around 63,000 people are injured while skiing or snowboarding, representing around 1.8% of the 3.5 million people who practice. These accidents cost an estimated 600 million Swiss francs a year. Of those injured, around 34,000 are employees underlining the importance of preventing snow sports accidents.

The question of insurance cover

In Switzerland, all employees are covered for accidents that occur in the workplace and are directly related to the performance of their duties. And if you work more than eight hours a week in the same company, you are automatically covered by both occupational and non-occupational accident insurance. This also applies to apprentices, or workers paid by the hour, who work an average of more than eight hours a week over the year.

This non-professional cover is essential to take care of medical expenses, days off work or even disability benefits that a skiing accident can cause. So if you're taking a break between jobs and not on the dole, returning to training or taking a sabbatical, don't forget to add the ‘accident’ option to your health insurance policy. Without it, the cost of an accident is borne by the individual, and can be very high.

Avoid reckless risks

Even for the most experienced skiers, accident insurance does not cover ‘reckless risk’ situations. The term refers to dangerous behaviour where the potential consequences are clearly disproportionate to the benefit or pleasure sought. For example, skiing off-piste in poor weather conditions, ignoring danger signs or skiing down a piste at excessive speed could be considered reckless, whether you are a beginner or an experienced skier. In such cases, the cost of any rescue and resulting treatment will be your responsibility.

What if I injure myself in home-office?

Home-office offers valuable flexibility, but it also raises complex questions about liability in the event of accidents occurring during working hours. Imagine the scenario: you're working from your flat in the Upper Valais, with a view of the mountains. Attracted by the powder and the sun, you take the afternoon off and head for the cable car. If an accident occurs at this point, it's essential to report the accident immediately to your employer and to document the details of the incident.

In Switzerland, workplace accident legislation applies even when staff are working remotely. Employers have a responsibility to provide a safe working environment, and home-office can extend this responsibility to your place of residence. However, determining liability in the case of a skiing accident during teleworking hours can be tricky. If you can show that the accident occurred in the course of your professional duties, it could be covered by professional accident insurance. But in the case of skiing, let's be honest: unless you're hired by Air Glacier, this will rarely be the case.

So if you are engaged at the time of the accident, in a clearly recreational activity, liability would fall to non-professional insurance or, if you don't have any, your health insurance. It is therefore crucial for the employee to respect the boundaries between work and leisure, while informing the employer in a transparent manner about any possible accident.

In conclusion, enjoying our beautiful mountains means complying with basic safety instructions, and remaining vigilant about weather conditions. For a better work-life balance, avoid personal activities during working hours, especially those involving risks such as skiing. And if you find yourself in a situation of professional transition, or if you hold several jobs at the same time, check your accident insurance cover. It's worth finding out about its special conditions on days when you're teleworking.

We wish you a great holiday on the slopes!

*Article updated by Laure Fasel