Regulations on School Insurance

1 The following individuals are compulsorily insured by the school insurance (hereinafter insurance): regular students, auditors, and guests attending

a) public municipal, middle, special, upper secondary, and vocational schools;

b) private compulsory and special schools.

2 Students supported by the early special education service also benefit from the services referred to in paragraph 1.

3 For civil liability purposes, directors, deputy directors, teachers, and specialized school staff of public municipal schools, private compulsory and special schools, and persons undergoing training in public vocational schools are also compulsorily insured.

4 The Salaries and Insurance Office (hereinafter office), upon request from the school management, may admit students and teachers of private schools not covered by the preceding paragraphs to the benefit of the insurance within the following limits

a) for students, limited to civil liability insurance coverage; [1]

b) for teachers, limited to civil liability insurance coverage.

5 The request referred to in paragraph 4 must be submitted to the office before the start of the school year and is subject to an advisory opinion from the competent education section of the Department of Education, Culture and Sport. [2]

6 The insurance comes into effect for each student from the day they begin attending school and ceases at the end of school or when they are discharged from the obligation to attend; for directors, deputy directors, teachers, and specialized school staff, the period during which they are active applies.

[1] Sub-paragraph amended by R 7.11.2018; in force from 9.11.2018 - BU 2018, 411.

[2] Paragraph amended by R 13.12.2017; in force from 1.1.2018 - BU 2017, 463.

1. An accident within the meaning of the insurance shall be understood as any sudden and involuntary damage to the human body caused by an extraordinary external factor, which impairs physical or mental health.

2. The following shall also be considered accidents

a) death or health damage caused by the involuntary inhalation of gas or vapors and the inadvertent ingestion of poisonous or corrosive substances;

b) muscle strains and tears caused by a sudden personal exertion;

c) frostbite, sunstroke, heatstroke, as well as health damage due to ultraviolet rays, except for sunburn caused by solar rays;

d) drowning.

The insurance covers accidents suffered by the insured

a) during teaching hours, both within and outside the school premises;

b) during planned and occasional non-teaching moments, considering the class lesson plan, provided they take place within the school premises. Students whose meals are provided by the school are also insured during their travel to the school cafeteria and during the midday break within the school premises or in areas assigned to them by the school; [3]

c) in the event of outings or errands carried out under the order of a teacher or specialized school operator during teaching hours and breaks;

d) as a traffic patroller under the order of the school immediately before and after teaching hours;

e) during school trips and excursions conducted under the guidance of a teacher;

f) during vocational orientation internships and information meetings if they are included in the study program and do not take place during school holidays;

g) during participation in sports instruction courses and aptitude tests organized by the school within the framework of "Youth and Sport";

h) during participation in parades and performances as part of events in which the school officially takes part;

i) during activities and courses directly managed and organized by the school;

j) during travel, along the ordinary route, to reach the location where the activities and events referred to in the preceding letter take place;

k) during the time strictly necessary to travel from home to school and vice versa, following the ordinary route.

[3] Letter amended by R 7.11.2018; in force from 9.11.2018 - BU 2018, 411.

1 Accidents resulting from the following are excluded from coverage

a) earthquakes, floods, landslides, and other cataclysms;

b) acts of war, civil unrest;

c) use of motorcycles with an engine capacity exceeding 50 cm 3, either as a driver or as a passenger, and use of automobiles as a driver;

d) participation in brawls, games, or other dangerous actions, unless the student attends nursery, primary, or special schools;

e) intentional commission of or participation in crimes and felonies;

f) use of any means of air transport, parachutes, and similar devices, either as a pilot/driver or as a passenger, with the exception of civil flights authorized by the institute's management; [4]

g) gross negligence on the part of the insured, unless the student attends nursery, primary, or special schools;

h) the insured's state of intoxication.

2 Also excluded from coverage are suicide, self-mutilation or attempted such acts, health damages resulting from interventions, medical treatments, and medical examinations not caused by an insured accident, as well as the effects of ionizing radiation, with the exception of health damages consequent to radiation due to medical treatments following an insured accident.

[4] Sub-para. amended by R 26.10.2016; in force from 28.10.2016 - BU 2016, 432.

In the event of death, the benefit shall be paid to the legal heirs according to succession law.

Impairment of physical integrity [5]

[5] Marginal note amended by R 7.11.2018; in force since 9.11.2018 - BU 2018, 411.

1 The percentage degree of impairment of physical integrity is applied as follows: [6]

loss of both arms or both hands, both legs or both feet, simultaneous loss of an arm or a hand and a leg or a foot, complete paralysis, incurable mental alienation that excludes any lucrative activity, total blindness

100%

loss of visual faculty of one eye

30%

loss of hearing in both ears

60%

loss of hearing in one ear

15%

loss of an arm at or above the elbow

70%

loss of an arm below the elbow or a hand

60%

loss of a thumb

22%

loss of an index finger

14%

loss of another finger of the hand

8%

loss of a leg at or above the knee

60%

loss of a leg below the knee

50%

loss of a foot

40%

2 The absolute functional incapacity of a limb or an organ is equivalent to its loss.

3 In the event of partial loss or partial functional incapacity, the degree of impairment of physical integrity and the corresponding indemnity are proportionately reduced. [7]

4 In the event of health damage not listed above, the degree of impairment of physical integrity shall be determined according to medical findings based on the preceding percentages. [8]

5 If, as a result of the accident, multiple body parts or organs have been affected, the percentages shall be added together. The degree of impairment of physical integrity cannot, however, exceed 100%. [9]

6 The determination of the degree of impairment of physical integrity takes place when the insured's condition is recognised as presumably definitive, but no later than 5 years from the accident. [10]

7 The indemnity shall be paid without interest within 6 months from the day on which the corresponding amount has been definitively set.

[6] Para. modified by O 7.11.2018; in force since 9.11.2018 – FO 2018, 411.

[7] Para. modified by O 7.11.2018; in force since 9.11.2018 – FO 2018, 411.

[8] Para. modified by O 7.11.2018; in force since 9.11.2018 – FO 2018, 411.

[9] Para. modified by O 7.11.2018; in force since 9.11.2018 – FO 2018, 411.

[10] Para. modified by O 7.11.2018; in force since 9.11.2018 – FO 2018, 411.

If pre-existing diseases at the time of the injury, or diseases that manifest themselves after it but independently thereof, or if other external circumstances have aggravated the consequences of the injury, the indemnity shall be proportionate to the part of said consequences attributable to the injury, according to the medical assessment.

[11] Every accident must be reported to the Department of Education, Culture and Sport, Administrative Section (hereinafter Department), within 30 days from the date on which it occurred, through the institute's management.

[11] Art. modified by R 7.11.2018; in force since 9.11.2018 - BU 2018, 411.

1 The injury must be certified by a physician.

2 The Department may at any time avail itself of the collaboration of a trusted physician for investigations and control regarding the injury, its causes, the prescribed treatments, and the transient or permanent consequences. [12]

[12] Art. amended by R 7.11.2018; in force since 9.11.2018 - BU 2018, 411.

1 The insurance covers the insured against claims for damages made against them under Swiss liability law, for

a) bodily injuries that result in any harm to the health of persons or their death;

b) property damage, i.e., destruction, damage, or loss of property.

2 The insurance protects the insured against both well-founded and unfounded or exaggerated claims.

The following are insured

a) directors, deputy directors, teachers and specialized school staff as per Art. 1 para. 3, in the exercise of their functions;

b) pupils as per Art. 1 para. 1 and 2, in the contexts specified in Art. 3 of these regulations, with the exception of what is established in letter k);

c) persons undergoing training in public vocational schools, limited to school attendance hours.

The insurance does not cover claims

a) for damage caused intentionally or knowingly, or caused in the intentional execution of crimes or offenses;

b) mutually asserted by directors, vice-directors, teachers, and specialized school staff against similar figures;

c) for bodily injury asserted by pupils against other pupils;

d) asserted against the insured by members of their family cohabiting in the same household;

e) in cases where civil liability is already regulated by federal law.

The deductible payable by the insured in case of material damage is CHF 100.-- per claim.

1 Notification of Claims

The institutional management or the interested parties must notify the office, at the latest within 30 days, of any claim that could involve the civil liability of the insured.

**2 Notification of Legal or Extra-judicial Claims and Criminal Charges**

The insured, who, following a recognized claim, is subject to a judicial or extra-judicial claim or against whom a criminal complaint has been filed, is obliged to inform the insurer immediately through the office.

**3 Submission of Documents and Information**

Judicial acts, summonses, correspondence, and any other document and information related to the claim must be immediately sent to the insurer through the office.

**4 Duty to Cooperate and Prohibition of Settlement**

The insured has the obligation to do everything possible to assist the insurer in the examination of the claim or in the defence of their rights. They are prohibited, unless explicitly authorized by the insurer, from acknowledging the validity of a claim or settling its amount in whole or in part.

**5 Transmission of Communications**

Acts and communications intended for the insurer must be transmitted to the office.

1 The insurance company has the right to negotiate with third parties who have asserted claims for damages. It shall support any legal action in place of the insured, who, for this purpose, must delegate all powers to the legal representative designated by the company.

2 Legal costs shall be borne by the insurance company, provided that, when added to the indemnity granted to the injured party, they do not exceed the maximum amounts stipulated by law and by these regulations.

3 If, following an accident, a criminal complaint is filed against the insured, the insurance company shall be liable for legal costs only in the event that it assumes the defense.

Every breach by the insured of the obligations incumbent upon them in the event of a claim releases the insurer from its obligation to intervene.

1 The implementing regulation of the law concerning civil liability insurance and school accidents of 7 October 1998 is repealed.

2 This regulation is published in the Official Bulletin of Laws and enters into force on 1 August 2016.

Published in OB 2016, 341.