German Court Rejects Partial Injury Benefit Claim, Parliament Eyes 2027 Reform

A ruling by the State Social Court (LSG) of Baden-Württemberg has clarified that employees who work their full contracted hours cannot claim injury benefits—even if health problems prevent them from taking on extra duties like night shifts or on-call work. The decision, filed under case number L 10 U 135/25, underscores a gap in Germany’s social safety net that lawmakers now aim to close with a planned reform in 2027.

The case centered on a junior doctor whose COVID-19 infection was recognized as an occupational disease. Despite lingering health issues, she continued working 40 hours per week—her full contractual obligation. However, she argued that her condition made it impossible to handle the hospital’s typical on-call and night shifts, which had previously supplemented her income. She sought Verletztengeld, a statutory accident insurance benefit, to compensate for the financial loss caused by dropping those extra duties.

The LSG rejected her claim, citing current law. Under existing rules, a person cannot be considered partially unfit for work while fulfilling their entire contracted schedule. The court reasoned that incapacity for work exists only when an employee cannot perform their contractual duties at all, or can do so only at the risk of worsening their health. Since the doctor was working her full 40-hour week, the judges found no basis for partial compensation—even if she could not handle additional shifts.

This case highlights how easily workplace health issues can create legal and financial blind spots for employers too. UK businesses face their own obligations under the Health & Safety at Work Act 1974, and a single gap in documentation can lead to costly enforcement action. A free toolkit provides nine ready-to-use tools including risk assessments, checklists, and a director's liability guide to help you stay compliant. Download the free Health & Safety at Work Act 1974 Toolkit

This decision highlights a blind spot in Germany’s social insurance system: workers who can still perform their core job but are limited in their overall capacity currently fall through the cracks. The doctor’s situation is not unique—many employees with chronic conditions or long-term occupational illnesses face similar dilemmas.

Parliament has taken note. Lawmakers are preparing to introduce a genuine partial incapacity model by 2027. Under the proposed framework, incapacity for work could be assessed in graduated percentages—25, 50, or 75 percent—allowing workers to receive proportional support when they can only manage part of their duties. Until such legislation passes, however, the strict binary between full fitness and full incapacity remains in force.

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