19. October 2024

Volunteer firefighters not sufficiently insured against accidents after all?

Volunteer firefighters are automatically insured against accidents when they are deployed. Politicians and the accident insurance company AUVA like to point this out, most recently after the flood disaster in September. However, when it comes down to it, AUVA does not always pay, for example in the case of a 19-year-old female firefighter who has suffered a 100 per cent disability since her last deployment - and whom AUVA wants to refuse to recognise as an occupational accident. The result: she is deprived of better rehabilitation and the full disability pension. This is unacceptable for Ombudsman Bernhard Achitz: "Either the AUVA changes its decision-making practice or the law needs to be changed in favour of the hundreds of thousands of volunteers. Otherwise, soon no one will be willing to risk their lives and health, and the next time there's a flood, we'll all be able to pump out our cellars ourselves."

100 per cent disability remains after accident in the field

On 22 August, the siren blared in Kronabittedt, Upper Austria. Marlies K. (19) was woken from her sleep, quickly got dressed and wanted to rush to work as a member of the volunteer fire brigade. But she fell down the stairs. She was resuscitated and flown to hospital by helicopter. As a result, she was left with a significant visual impairment, which led to a 100 per cent disability. She turned to the Austrian Ombudsman Board, and Ombudsman Achitz also made this a topic in the ORF programme "Bürgeranwalt" on 19 October.

In principle, all members of voluntary aid organisations are insured against accidents during their training, exercises and deployments with AUVA (without paying contributions). This is regulated by law in the General Social Insurance Act (ASVG). The same provisions apply as for accidents at work. Accidents at work are accidents that occur in connection with the place, time and cause of the employment giving rise to the insurance. Travel accidents are also insured.

AUVA should recognise that an emergency call-out is always a stressful situation

In the case of Marlies K., however, the AUVA does not want to pay. Medical reports show - to put it very briefly - that she may have suffered from a rare illness that can lead to sudden cardiac death and that she would have fallen due to a cardiac arrest that could have occurred at any time, even independently of a deployment.

For example, a heart attack due to permanent stress is not considered an accident, but a heart attack in connection with extraordinary stress is. "Anyone with even a little bit of life experience knows that you are always under extraordinary stress during an emergency response. This is completely different from someone having a leisurely breakfast and walking to work," says Achitz: "The legal situation allows the AUVA to recognise such cases as accidents at work."

Disability pension only if recognised as an accident at work

The responsible Ministry of Social Affairs stated that most accidents during deployment are recognised as accidents at work anyway. Ombudsman Achitz commented: "Out of 100 people affected, 15 are not recognised. That's 15 people who have put themselves in danger for the general public and are now looking through their fingers." Marlies K. had to abandon her training and will suffer from the consequences of her accident for the rest of her life. Recognising the accident as an occupational accident would have at least mitigated the financial consequences, as she would have received the loss of earnings as a disability pension. Achitz: "It is to be hoped that the AUVA will see reason. In future cases, it must act in the interests of those affected, and it can still relent in the case of Marlies K. by making her a settlement offer in the court proceedings. If that doesn't happen, it will be up to Parliament and a legal improvement for the volunteers is needed!"

Translation was AI-generated