Facts
This judgment addresses the question of whether the suicide of an insured person can be considered a consequence of a previously suffered accident and thus be compensated by the mandatory accident insurance.
The case concerns a man who committed suicide after a severe paragliding accident in which he lost his senses of smell and taste. The insurance company rejected the obligation to provide benefits, as the suicide was intentional.
The Federal Court had to decide whether there was an adequate causal link between the accident and the suicide that would justify compensation by the accident insurance.
Considerations
The Federal Court states that according to previous case law, suicides were generally not considered insured accidents, as they lacked the characteristic of involuntariness. However, an exception was made if the suicide was committed in a state of complete incapacity or if it could be qualified as a natural and adequate consequence of an insured accident.
The Federal Court confirms that this case law also remains valid under the new Accident Insurance Act of 1984. The decisive factor is whether there is an adequate causal link between the accident and the suicide.
In assessing the adequacy, the Federal Court refers to its case law on psychogenic accident consequences.…