DOMBERT represents prefabricated house manufacturer against employers' liability insurance association with Voelker law firm

Prof Dr Matthias Dombert | Philipp Korbmacher LL.M.

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19.05.2025

Together with the law firm VOELKER from Reutlingen, DOMBERT Rechtsanwälte is representing around 60 companies in the prefabricated timber construction industry, including mainly prefabricated construction manufacturers, against the Employers„ Liability Insurance Association of the Construction Industry (BG BAU) before the social courts throughout Germany. The companies are defending themselves against the massive increase in contributions to statutory accident insurance. The increase, in some cases even more than doubling of the contributions (to a total of around € 100 million over the contribution period), is due to the fact that the companies have been categorised in a different tariff category and thus a different risk class of the employers“ liability insurance association. As a result, the contributions are no longer calculated according to tariff item 200 „Building construction and prefabrication" (3rd hazard tariff) as before, but now according to the - more expensive - tariff item 100 "Carpentry work (4th hazard tariff).

BG BAU justifies its move by arguing that the work, accidents and accident figures of the carpenters and prefabricated timber part manufacturers are comparable, which is why a joint assessment is necessary. The plaintiff companies accuse the BG Bau administration of not having determined these differences and not having presented them correctly to the representatives' meeting. The 4th risk tariff should not have been decided in this way. A legal opinion prepared on behalf of the Bundesverband Deutscher Fertigbau e.V. (Federal Association of German Prefabricated Construction) has also shown that the 4th risk tariff is formally and materially unlawful.

 

In addition to manufacturers of precast timber elements, producers of precast concrete elements are also affected by a sharp increase in statutory accident insurance contributions. DOMBERT Rechtsanwälte represents a total of 25 companies from these two sectors. The law firm VOELKER is acting for a total of 40 companies. Both law firms are conducting the proceedings in close coordination with each other and with the interest group for occupational safety in prefabricated timber construction IGAH e.V. All of the major prefabricated timber construction trade associations - Bundesverband Deutscher Fertigbau BDF e.V., Deutscher Holzfertigbau Verband DHV e.V., Studiengemeinschaft Holzleimbau and Gütegemeinschaft Nagelplattenprodukte GIN e.V. - are represented by member companies in the IGAH.

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