Fire Brigade Competitions: Injuries Sustained Are Not Classified as Work-Related

Jun 11, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined whether a serious accident occurring during a regional fire brigade competition falls under the coverage of statutory accident insurance, and whether the claimant qualifies for benefits pursuant to the Austrian General Social Insurance Act (Allgemeines Sozialversicherungsgesetz, hereinafter ASVG).

The claimant in the cased at hand had participated in the Lower Austrian regional fire service competition held in the city of Leobersdorf as a representative of the local volunteer fire brigade. The competition spanned three days, during which accommodations at a campsite were made available for all participants.

Following the conclusion of the first day‘s competitions, the claimant, accompanied by his fire brigade buddies, drove to a restaurant for dinner before returning to the campsite. Later that evening, he and his girlfriend went to a nearby establishment for some ice cream. While returning, they crossed a six-lane main road at a location not designated for pedestrian crossing. During this attempt, the claimant was struck by a vehicle and sustained severe injuries.

Lower courts dismissed the claim

The claimant subsequently filed an extraordinary appeal, asserting that the three-day fire brigade competition constituted a single event and that the accident, having occurred on the competition premises, should therefore be covered by accident insurance pursuant to Section 176(1)(7)(b) of the ASVG. Nonetheless, the appeal was deemed inadmissible due to the lack of a substantial legal question.

OGH regarding the legal criteria for accident insurance coverage

Pursuant to Section 176(1)(7) of the ASVG, specific activities conducted by members of voluntary fire brigades are insured, especially those undertaken within the framework of training, exercises, operations, and voluntary duties as defined by their statutory or constitutional mandates. The claimant maintained that the three-day fire service competition should be considered a single event; consequently, he asserted that his accident occurring during this event fell within the scope of insurance coverage.

The OGH determined that, notwithstanding acceptance of this perspective, the lower courts' decision should remain intact. According to the law, insurance coverage is not exclusively connected to the occurrence itself, but rather to the particular activity undertaken at the moment of the incident.

OGH 10 ObS 17/26m (24 March 2026)