It May Cost You if You Put up Your Dukes

The Federal Labor Court was recently asked to decide to what extent the exemption from personal liability applies if one colleague physically attacks another at their workplace. Much like in many other parts of the world, German law sets forth that if an employee, while performing his work duties, injures another employee, the employee causing the injury will generally not be subject to personal liability nor will the employer be subject to a damage claim.

The victim in the case before the Federal Labor Court had recovered some financial compensation from workmen’s compensation for the injuries he suffered. However, the victim sought additional compensation from his colleague for pain and suffering, monetary losses for the difference between the workmen’s compensation received and the salary he would have earned had he not been injured, and compensation for future damages. The plaintiff argued that because he was physically accosted at the workplace, this did not constitute a