Facts
K. (born 1949) suffered severe head injuries on July 29, 1992 on his way to work when he was hit by a small bus while riding his moped. The Swiss Accident Insurance Fund (SUVA) acknowledged its obligation to provide benefits, but reduced the monetary benefits by 10% as K. had not worn a protective helmet, which was considered gross negligence. K. filed a complaint against this reduction, which was dismissed by the Administrative Court of the Canton of Graubünden.
K. then filed an administrative court appeal to the Federal Insurance Court.
Considerations
The Federal Insurance Court stated that according to Art. 37 para. 2 of the Accident Insurance Act, monetary benefits can be reduced if the insured person has caused the accident through gross negligence. While such reductions are not permitted for occupational accidents under international treaty law, they are permissible for commuting accidents like the present case.
The Court concluded that K. most likely did not wear a protective helmet at the time of the accident. This behavior constitutes gross…