Insurance

15. To what extent are the children covered by insurance?

Statutory accident insurance

Following the provisions of the Social Security Code, Chapter 7, all children attending a child day care facility - since 1997 including also nurseries and after-school centres - are covered by statutory accident insurance. This cover is provided by the »Unfall-Kasse Sachsen«, a public insurance fund whose offices are in Meissen.

The statutory accident insurance cover becomes effective in case of any accident during an insured activity at the child day care centre or on the way to the day care centre. After such an accident, the insurance fund takes care of the following costs, among others:

• Medical and dental treatment without time limitations
• In-patient treatment in hospitals or rehabilitation clinics
• Medication, dressing materials and medical aids (including physiotherapy and other therapy forms)
• Home care
• Private teaching either in hospital or at home
• Replacement of broken or lost aids (e.g. spectacles).

Payments under accident insurance for children in personal day care with a child minder are handled by the municipal insurance compensation scheme of the Free State of Saxony (KSA) within the framework of its school accident cover (medical treatment, dental treatment and replacement, property damage compensation).

Accidents en route

All accidents on the way to or from the child day care centre are covered by insurance. It is imperative, however, to inform the director of the day care centre without delay in case of an accident. Accident cover is also provided where public transport is used for travel to the day care centre or where the children are brought by car. The routes walked or travelled by children between their school and an after-school centre are similarly covered in respect of possible accidents.

Organised activities and excursions

In addition, insurance cover is provided for all activities organised by the child day care centre with the approval of the relevant welfare provider. This refers not only to educational and recreational activities in the day care centre itself, but also to external activities (e.g. excursions, community festivities, cinema or theatre visits, sports events), including the walking route or travel to and from such activities.

This insurance cover does not apply, however, in the case of multiple-day excursions. For such excursions, suitable accident insurance is the responsibility of the parent or guardian. Foreign children enjoy the same insurance cover as German children.

Property damage compensation

There is no statutory obligation for a welfare provider to obtain property damage insurance for the children attending its facilities. The City of Dresden, however, has voluntarily obtained cover from the municipal insurance compensation scheme (KSA) for certain instances of damage connected with its child day care facilities where the damage is attributable to the City of Dresden. This does not include, however, any damage to or loss of clothing during play or due to an accident. Any property damage must be notified to the director of the day care centre on the day of occurrence and before leaving the facility premises.

Exceptions

No insurance liability is accepted where cover is provided by any other insurance, for wilful damage or damage attributable to gross negligence, in cases in which a third party can be made liable (does not apply for children under seven years), or for valuables such as jewellery, money, travel tickets, insurance ID cards or keys. The day care centre is under no obligation to provide safe custody for private property remaining on the premises overnight, at weekends or during holidays. Insurance cover is similarly excluded in case of multiple-day excursions. Parents should obtain cover themselves for such cases.

Liability claims against children in the care of child minders

The parents' supervisory duties pass to the child minder when the latter takes on care for the children in the absence of their parents.

The municipal insurance compensation scheme of the Free State of Saxony (KSA) provides liability insurance cover for care arrangements where a child is looked after outside the home in the family of the person providing the day care. This person must hold a licence issued by the responsible authority in accordance with § 43 of the Social Security Code, Chapter 8. This insurance cover does not apply, however, for day care arrangements which are not subject to official approval (see Question 6).

Liability claims against children in the day care centres

There is no statutory obligation for the welfare provider responsible for a child day care facility to obtain liability insurance for the children attending the facility. Families can themselves obtain insurance against liability claims arising from the actions of a child during the time spent in a child day care facility (e.g. private liability insurance).

Subject to their capacity to understand, children are deemed responsible for any damage caused by their actions from the age of seven years onwards. The entitlement to demand compensation for damage suffered exists irrespective of whether the family is protected under liability insurance. In cases of substantial property damage, the person or party suffering the damage may also file corresponding charges with the police.

Contact

Child Day Care Agency for Dresden
Contracts Office

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Visitor address

Dr.-Külz-Ring 19
01067 Dresden

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Phone +49-(0)351-4885038

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Postal address

Postfach 12 00 20
01001 Dresden