Who is liable if a robot injures an employee at work?
In short
If a robot injures an employee at work, statutory accident insurance (Berufsgenossenschaft) pays. Under Section 104 SGB VII the employer is liable only for intent, but faces recourse for gross negligence. Who is liable for a defective robot? Then the Berufsgenossenschaft can recover from the manufacturer. In 2025 contributions averaged EUR 1.08 per EUR 100 of payroll.
For robot accidents, the Berufsgenossenschaft contribution and business liability insurance count.
Example
Typical range
Statutory accident insurance, average across all businesses 2025
EUR 1.08 per EUR 100 of payroll
Business liability, office and consulting
about EUR 80 to 200 a year
Business liability, finishing trades with 2 to 3 staff
about EUR 200 to 450 a year
Extended product liability for small businesses
about EUR 200 to 500 a year
Guide values, October 2026, taken from published examples.
The Berufsgenossenschaft contribution depends on the risk class of your trade.
The payroll in the worked example is a guide value from broking practice.
Worked example
Metalworking firm with 20 staff and a collaborative robot
A robot arm crushes an employee's hand. Annual payroll is EUR 900,000.
Accident insurance at the average rate (900,000 × 1.08 percent)
EUR 9,720 a year
Treatment and cash benefits
paid by the Berufsgenossenschaft
Safety device deliberately switched off
recourse against the person responsible possible
Sensor fault in the robot
Berufsgenossenschaft recovers from the manufacturer
The employee is looked after by the Berufsgenossenschaft. The business only pays itself for intent or gross negligence.
The Berufsgenossenschaft pays first
An accident with a robot at work is an occupational accident (Arbeitsunfall). The Berufsgenossenschaft covers treatment, rehabilitation and cash benefits. The employer pays the contribution, in 2025 an average of EUR 1.08 per EUR 100 of payroll.
In return the employer is liable for the personal injury under Section 104 SGB VII (Social Code Book VII) only if it caused the accident intentionally. Colleagues who programmed the robot wrongly are protected in the same way by Section 105 SGB VII.
When the employer still has to pay
If the employer or a colleague caused the robot accident intentionally or through gross negligence, the Berufsgenossenschaft can reclaim its costs under Section 110 SGB VII. Deliberately bypassing a safety device on the robot can be gross negligence.
The claim is capped at what the injured person could demand as damages under civil law. With a lifelong pension that can still add up to a lot of money.
Cause of the robot accident
Who pays in the end
Minor carelessness during set up
the Berufsgenossenschaft
Safety fence or light curtain deliberately bypassed
the Berufsgenossenschaft, with recourse against the person responsible
Design or software fault in the robot
the Berufsgenossenschaft, recovering from the manufacturer
A visitor or customer is injured
the business through its business liability insurance
When the robot itself is defective
If the robot is badly built or programmed, the injured employee may have claims against the manufacturer. To the extent the Berufsgenossenschaft pays, these claims pass to it under Section 116 SGB X and it recovers the money from the manufacturer.
For robots placed on the market from 9 December 2026 a new product liability law applies that covers software expressly as a product. The Bundestag adopted it on 8 October 2026.
What the Machinery Regulation requires for robots from 2027
From 14 January 2027 the Machinery Regulation (EU) 2023/1230 applies and replaces the Machinery Directive. Safety components and embedded systems with self evolving behaviour based on machine learning are on its list of higher risk machinery.
For such robots the regulation requires an assessment by an independent body. Under the Digital Omnibus on AI, Regulation (EU) 2026/1744 of 8 July 2026, the Commission is also to add safety requirements for AI systems in machinery to the Machinery Regulation.
When business liability insurance matters for a robot accident
The liability limit applies to employees. If the robot injures a visitor, customer or supplier, the business is liable under general law, and that is what business liability insurance (Betriebshaftpflicht) is for. If your business builds robots or systems itself, product liability cover belongs in the policy.
Norman Nammert works as an insurance broker (Versicherungsmakler) and can obtain quotes for business and product liability cover for businesses using robots. The insurer pays the commission, so it costs you nothing.
Step by step
Carry out and update a risk assessment for every robot workstation.
Check safety devices regularly and prevent bypassing technically.
Instruct staff working with the robot and keep records.
For new robots from 2027, check conformity with the Machinery Regulation.
Have business liability and, if you manufacture, product liability cover reviewed.
Checklist
Risk assessment for the robot in place
Safety fence, light curtain or force limiting checked
Staff instructions recorded in writing
Accident reporting to the Berufsgenossenschaft organised
Business liability covers visitors and customers
Product liability if you build or modify robots
Common mistakes
Bypassing light curtains to speed up production
Believing the Berufsgenossenschaft also protects against recourse
Not reporting an accident to keep contributions low
Modifying robots without thinking of your own responsibility as a manufacturer
Questions and answers
Frequently asked
Does the employer pay compensation for pain if a robot injures an employee?
Usually not.
Under Section 104 SGB VII the employer is liable for personal injury only for intent.
When does the Berufsgenossenschaft claim money back?
When the accident was caused intentionally or by gross negligence, Section 110 SGB VII,
up to the amount of civil law damages.
Is the robot manufacturer liable?
If there is a product defect, yes.
What the Berufsgenossenschaft pays it can recover from the manufacturer under Section 116 SGB X.
