Received letter from BG Bau (Builder information)

  • Erstellt am 2014-04-17 20:31:15

blockhauspower

2014-04-23 12:27:02
  • #1
My statement referred to the vague wording. This "argument" is heard again and again. I don't know how the insurance would pay, so I can just cheat them. Then the principle of solidarity unfortunately doesn't work for anyone.
 

Musketier

2014-04-23 14:32:16
  • #2

It is noted that in your case no relatives are helping.

Nevertheless, here is another reminder about this half-truth:



In principle that is correct, but there is the exception of a favor service and for that the Construction BG does not pay a single cent in the event of an accident.

See the Construction BG website:

Exceptions according to law and jurisprudence

For helpers who work within the framework of a usual favor service in the private sphere, insurance coverage is excluded because such assistance is legally not considered employee-like. To determine whether the activity is more attributable to the private sphere, the relationship between the builder and the helper as well as the extent of the activity must be examined. If the builder’s father briefly helps unload building materials, this will be considered a usual favor in the family sphere, whereas the multi-day help of a friend with roofing work is usually an insured activity.

And here is another example from the Construction Code leaflet

3. The father of the builder, who lives in the neighboring house and with whom there is good and regular contact, has an accident while cleaning up, which involves a small overall time commitment. Due to the family bond, this is to be regarded as an uninsured favor service

For construction helpers who are not legally insured, we recommend considering taking out a private accident insurance.

So the question arises whether help, for example, with painting from the father would be a favor service or not? When preparing a rental apartment no one would think about paying contributions to the Construction BG either.
Those interested can search for Frontal 21 from 05/11/2010, where there is an article by a lawyer about this.
 

WildThing

2014-08-27 20:20:04
  • #3
Hello everyone,

I have to dig up this ancient thread.

I have understood that you have to report your private helpers to the BG Bau so that they are legally accident insured. However, this only applies if they do not perform a favor service, meaning they help for more than about 40 hours on the construction site.

But what happens if the private helpers do not help that much and still an accident occurs?!? Who pays then? Or do you have to take out additional private insurance as the builder in this case?

Builders have to be privately insured anyway, right? The BG Bau's coverage does not apply there.
 

Musketier

2014-08-28 10:54:08
  • #4
The Building Code does not pay for services rendered as a favor. In such cases, the helper can at most (if available) claim their own accident insurance. To what extent a 40-hour limit applies here would need to be clarified with the BG. For the client, the private accident insurance or the voluntary builder's insurance of the BG is also the contact person.
 

WildThing

2014-08-28 11:23:43
  • #5
Ah ok. So I understood that correctly after all. Thank you!

Who among you has additionally insured their private construction helpers? I mean with a private accident insurance for the "favorable activities"?
 

f-pNo

2014-08-28 13:25:37
  • #6
Hello everyone,

since the self-performed work is scheduled for about 5-6 weeks from now, I would like to deal with this topic as well. So far, the BG has not contacted us – who knows if they would even do it on their own initiative.

However, since my parents (both > 70 years) will be coming to help for several weeks, and my sister / brother-in-law / possibly my niece (16 years) for 4-5 days, I would like to insure them just in case.

How and where can I get the registration form? Are there any restrictions at BG Bau (e.g. age) that would exclude co-insurance?

Thank you very much for your answers.
f-pNo
 

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