Facts
The student Andrea Z., born in 1970, had been regularly present at the riding and trading stable of Fritz K. since 1983, where she performed various stable work and also had the opportunity to ride. On August 24, 1985, she suffered serious injuries while preparing for a jumping competition when she was bitten in the arm by a horse.
Helvetia Accident, the insurance company, refused to grant insurance benefits, as Andrea Z. was not to be considered an obligatorily insured employee. The Insurance Court of the Canton of Zurich dismissed the appeal filed against this.
By way of administrative court appeal, Andrea Z. requested that she had been subject to the insurance obligation on the day of the accident and that Helvetia Accident was obliged to provide the statutory benefits for the consequences of the accident.
Considerations
The Federal Insurance Court stated that according to Art. 1 para. 1 AFIA, an employee is considered to be someone who, for the purpose of earning a living or training, works for an employer, more or less subordinately, permanently or temporarily, without having to bear their own economic risk.
The court found that Andrea Z. had regularly performed intensive work in the interest and according to the instructions of Fritz K. for years. Although she acted relatively independently, she was bound to the predetermined…