Facts
The complainant, [P.] , participated in a youth program (JUP) from November 2005 to July 2006, which was conducted by the association [S.] on behalf of the Office for Economy and Labor (AWA) of the canton of Solothurn. During this time, he was involved in a traffic accident on July 23, 2006. The Swiss Accident Insurance Institution (SUVA) denied insurance coverage, as [P.] , as a participant in the youth program without daily allowance entitlement, did not belong to the circle of SUVA-insured persons. The appeal against this decision was rejected.
The Insurance Court of the canton of Solothurn dismissed the complaint against the appeal decision. [P.] lodged a complaint with the Federal Court and requested that the SUVA be obliged to provide him with the statutory benefits.
Considerations
The Federal Court examined whether the complainant was compulsorily insured with the SUVA at the time of his accident on July 23, 2006. The lower court had established that the motivation semester completed by the complainant was a labor market measure within the meaning of the UIA and that the unemployment insurance (ALV) distinguishes between insured and non-insured persons threatened by unemployment.
The Federal Court came to the conclusion that the complainant was not compulsorily insured with the SUVA at the time of his accident, as he did not meet the eligibility requirements under Art. 8 UIA and therefore did not receive a daily allowance. The lower court had also established that the accident on July 23, 2006, occurred more than 30 days after the completion of the trial internship, so the complainant was no longer compulsorily insured with the SUVA.
However, the Federal Court also…