Facts
M., born in 1949, has been employed as a housekeeper by the X. home care association since August 2000 and is insured with Helsana Accident Insurance against the consequences of occupational and non-occupational accidents under this employment. Additionally, she works three hours per week in the same capacity in the private household of B. and is also insured with Helsana, but only against the consequences of occupational accidents. On November 17, 2010, M. fell off her bicycle on her way home from her workplace at the X. home care association and sustained injuries.
Helsana provided insurance benefits but rejected a claim for loss of earnings regarding the work for B., as M. had suffered a non-occupational accident and premiums had only been paid for this risk with the home care association. The cantonal insurance court overturned the objection decision and instructed Helsana to determine the insured earnings for the daily allowance taking into account the wages earned with both employers and to provide the corresponding benefits.
Considerations
The Federal Supreme Court dismisses Helsana's appeal. It states that for employees with multiple jobs, the total wage from all gainful activities is decisive for the calculation of the daily allowance if they suffer an accident on the way to or from one of their workplaces, regardless of whether the event is to be classified as an occupational or non-occupational accident.
The Federal Supreme Court justifies this by stating that the exception rule of Art. 7 para. 2 AOIA, according to which accidents on the way to work are…