Masks in schools: social accident insurance protection applies

School directors or teachers who stipulate or put in place measures at school to protect against infections can rest assured that they are exempted from liability by the social accident insurance system. The German social accident insurance institutions for the public and private sectors have made it clear that people who are responsible for the safety and health of others are not liable for risks associated with instructing others to wear a mask, as provided for in the regulations and standards for protection against infection with the coronavirus Sars-CoV-2.

Background

If children are injured while attending school, they are covered by the German social accident insurance system. The social accident insurance institution responsible for the region then bears the costs of medical treatment and rehabilitation; it also provides financial compensation to insured persons in the event of permanent damage to their health.

This protection also extends to instances where insured persons suffer damage to their health as a result of a measure put in place for their protection. For example, if wearing a mask causes a person’s glasses to fog up and as a result the insured person falls and is injured, the responsible social accident insurance institution can officially recognise the fall as an occupational accident.