Am I covered by accident insurance if I work while on sick leave in Germany?
In short
Yes. If you work while on sick leave in Germany, you are still covered by statutory accident insurance at work and on the direct commute. A sick note (Krankschreibung) is a medical forecast, not a ban on working. It gets tricky if the illness itself causes the accident, such as a dizzy spell: then the Berufsgenossenschaft may refuse. Private accident insurance applies around the clock regardless.
Statutory benefits under sections 47 and 56 SGB VII,
premiums from publicly quoted tariff examples, as of July 2026.
Worked example
Back two days early, fall on the stairs
A warehouse worker is signed off until Friday but feels fit on Wednesday, tells his manager and goes back to work. He slips on the warehouse stairs and breaks his ankle.
Workplace accident
yes, he was working, the sick note changes nothing
Treatment and rehab
paid by the Berufsgenossenschaft
Pay for the first six weeks
continued by the employer
After that
injury benefit, 80 percent of regular pay
The accident is fully covered. Had he fallen because of a cold related dizzy spell, the Berufsgenossenschaft could have refused.
Why cover continues despite a sick note
German statutory accident insurance is tied to the insured activity (section 8 SGB VII), not to proof of health. If you go back to work while still signed off and work for your employer, you are covered like on any other day.
The certificate of incapacity for work (Arbeitsunfähigkeitsbescheinigung) only states how long you are likely to be off. You do not have to use the full period. If you feel well, you may return early, and you do not need a doctor to sign you fit.
The commute when returning on sick leave
The direct way to work is covered too. Health insurers recommend telling your employer beforehand that you are coming in despite the sick note. That makes it clear later that you were on a commute if something happens on the way.
Private detours break the cover as usual, for example shopping on the way home.
Where cover reaches its limit
If the illness you have not recovered from causes the accident, such as collapsing and falling, the link to work is often missing. The Berufsgenossenschaft can then refuse, and your health insurer pays the treatment.
Continued pay is a risk too: if you return early against medical advice and are off longer as a result, case law says you can lose the right to continued pay for the extra time. Your employer may send you home if you are clearly unfit.
Situation
Covered by statutory insurance?
You work while signed off and trip over a cable
yes
Accident on the direct way to work
yes
Flu makes you dizzy and you fall at your desk
often no, the cause is the illness
Private visits to colleagues on the premises
no
What private accident insurance does
For private accident insurance the sick note does not matter; under the model terms it applies worldwide and around the clock. However, accidents caused by impaired consciousness are excluded, even if the cause is an illness or medication (clause 5.1.1 AUB 2020).
So if you work under strong medication and fall because of it, you may get nothing from your private policy either. If an illness contributed at least 25 percent to the consequences, the benefit is reduced.
When you are better off staying at home
If you take medication that makes you drowsy or still have a fever, the risk of an illness related accident is high. That is exactly where cover is missing when you work while on sick leave.
With infectious illnesses it is also fair to colleagues to use your full sick leave. Returning early only makes sense if you really feel fit again.
Step by step
Honestly check whether you are really fit to work.
Tell your employer beforehand that you are coming in despite the sick note.
Take the direct way to work without private detours.
If you have an accident, report it at once and see an accident insurance doctor.
Also report it to your private accident insurer if you have one.
Checklist
No medication that makes you drowsy or slows reactions
No fever and no risk of infecting others
Employer informed
Accident documented at once
Sick note kept, it stays valid if you stop again
Common mistakes
Believing you are never covered while signed off
Driving to work under strong medication
Not telling the employer and later being unable to prove the commute
Returning early against medical advice and being off longer
Questions and answers
Frequently asked
Do I need a fit note from my doctor?
No, Germany generally has no formal fit note.
If in doubt, your employer can involve the company doctor.
Can my boss make me work while I am signed off?
No.
Employing someone unfit for work can breach the employer's duty of care and lead to damages.
What happens to sick pay if I work?
If you receive sick pay from your health insurer (Krankengeld) and work,
you get wages for the work and the sick pay is reduced accordingly.
Am I covered when working from home while signed off?
Yes, work at home has been covered to the same extent as at the workplace since 2021,
regardless of the sick note.
Can I stop working again?
Yes, at any time.
The sick note stays valid if you notice you are not ready.
