Accident at work while drinking coffee?

If an employee chokes while drinking coffee at work and subsequently falls, this may constitute an accident at work in terms of Social Security Law in individual cases. This was held by Saxony-Anhalt Regional Social Court in its judgment of May 22, 2025 (Ref. L 6 U 45/23).

Facts of the case

The plaintiff is employed as a foreman on a construction site. During a morning staff meeting in a construction trailer, he chokes, goes to the door coughing, briefly loses consciousness, falls face-first onto a metal grate, and breaks his nose. The employers' liability insurance association denies that this was a work-related accident. It argues that drinking coffee did not serve operational purposes but was part of the plaintiff's private life. The plaintiff contests this and takes legal action. However, the social court of first instance also agrees with the assessment of the insurance provider.

Reasons for the decision

The Saxony-Anhalt Regional Social Court ruled in favor of the plaintiff in the second instance. According to the court, statutory accident insurance does not cover the consumption of food and beverages when and to the extent that this satisfies basic human needs such as hunger or thirst. However, in the case in dispute, drinking coffee was not solely aimed at satisfying the basic need to quench thirst, but also served at least some operational purposes. For example, the consumption of coffee during a mandatory work meeting created a positive working atmosphere and strengthened collegiality. In addition, the coffee increased alertness and receptiveness. The employer was also aware of this, as it had taken care of replenishing the coffee supplies itself in this case. For these reasons, the case had to be assessed differently than if an employee had choked on coffee they had brought themselves during a breakfast break, for example.

Practical tip

The decisive factor for the chamber in the present case was that the coffee was provided by the employer during a mandatory meeting. According to this view, not only accidents that occur during traditional work activities, but also those that occur during work-related ancillary activities may be covered by insurance under certain circumstances.

Whether the coffee in question led to increased alertness may be called into question in view of the subsequent accident. The Federal Social Court must now decide whether the decision is valid—an appeal has been granted.