Liability Privilege for Loaned Workers and Host Company Employees

The court had to determine if the liability privilege under former Art. 44 para. 2 aUVG applies to a temporary or loaned worker who injures an employee of the host company. The court reasoned that the privilege is strictly interpreted based on the wording of the statute, which limits it to the employer who is legally connected via an employment contract and pays the mandatory insurance premiums. Since the loaned worker lacked a direct employment contract with the host company, they could not invoke the liability privilege, as the rationale for the privilege—financing the insurance system and maintaining internal labor peace—did not apply to temporary staff in this context.