Insurance for Trainee Lawyers and Teachers
Insurance for trainee lawyers and teachers refers to various insurance contracts relevant during the legal or educational preparatory service (Referendariat). They serve to cover the specific risks associated with this phase of training. In particular, this includes legal protection insurance, liability insurance, health insurance, and, if applicable, occupational disability insurance. Below is a comprehensive overview of the legal nature, necessity, contract structuring, and legal peculiarities of the most important insurances for trainee lawyers and teachers.
Legal status of trainee lawyers and teachers
Civil Service Law Status
Trainee lawyers and teachers are usually in a public-law training relationship during their preparatory service. In many federal states, they are civil servants on revocation, which has significant effects on insurance obligations and options. In some cases, such as for legal trainees, alternative public-law statuses may apply (e.g., public-law training relationship without civil servant status). The need for insurance is directly dependent on the legal status.
Social insurance classification
Depending on their status, trainee lawyers and teachers are subject to various statutory social insurance regulations, such as health, pension, and unemployment insurance. Civil servants on revocation are generally not subject to statutory pension and unemployment insurance. In terms of health insurance, private insurance is possible under certain conditions (see § 6 Abs. 1 No. 2 SGB V).
Key types of insurance for trainees
Professional liability insurance
Importance and legal basis
Professional liability insurance covers third-party claims that may result from negligent breaches of duty during official activities (e.g., errors during training in teaching or the public prosecutor’s office). Even as civil servants, trainee lawyers and teachers can, under certain circumstances, be liable for recourse by their employer in accordance with § 839 BGB in conjunction with Art. 34 GG. Third-party direct claims may also arise, such as for property or personal injury outside of official liability.
Scope and particularities
Coverage by professional liability insurance is particularly necessary if the claims do not arise solely from sovereign activities or if the employer seeks recourse from the trainee. Coverage typically includes personal injury, property damage, and resulting financial losses. In the educational sector, many employers also require proof of such insurance.
Health insurance
Options and regulations
Upon entering the traineeship, there is usually an exemption from compulsory statutory health insurance. Trainee lawyers and teachers can either voluntarily remain in the statutory health insurance scheme or, if the civil servant requirements are met (including entitlement to financial aid according to civil service law regulations), take out private health insurance (§ 6 Abs. 1 No. 2 SGB V). The choice has legally binding consequences with regard to the scope of benefits, amount of contributions, and the ability to return to statutory insurance.
Aid for civil servants
As a civil servant on revocation, there is an entitlement to ‘Beihilfe’, which reimburses a percentage of medical expenses. Additionally, supplementary insurance must be taken out to cover the difference between actual treatment costs and the financial aid.
Occupational disability insurance
Relevance and legal framework
Trainees may also become unable to work due to illness or accident and do not automatically receive benefits from their employer, since pension entitlements arise only after a certain length of service. A private occupational disability insurance policy can be taken out to ensure financial support for living expenses.
Contract structuring
When taking out such insurance, attention should be paid to exclusions, waiting periods, and definitions of the term “occupational disability.” The level of coverage should be reviewed individually.
Special features depending on the trainee track
Legal traineeship
In the legal preparatory service, there are specific risks associated with certain phases (e.g., in law firms or courts). In some cases, it may be necessary to extend liability insurance to include private sideline activities, for example. In addition, there are special insurance considerations for stays abroad.
Educational traineeship
For prospective teachers, professional liability insurance may be covered by state regulations. However, the details differ considerably across federal states, so the relevant state regulations regarding professional liability insurance should be checked in advance. When private liability insurance is provided, it can be advisable to additionally insure non-official risks.
Legal status in the insurance contract
When entering into private insurance contracts, trainees are the contractual party, regardless of their employment status. For civil servants, special provisions apply regarding eligibility for Beihilfe and income limits. The formal requirements (generally in text form pursuant to § 126b BGB) and the insurer’s information obligations under the VVG (Insurance Contract Act) apply without restriction.
Tax treatment of insurance contributions
Premiums for the above-mentioned insurances can often be claimed as income-related expenses under § 9 EStG or as special expenses under § 10 EStG. Tax recognition depends on the connection to the professional activity and the type of insurance.
Termination and change of insurance status when moving to civil service or into the private sector
Upon completion of the traineeship or change to another employment relationship, the legal requirements for insurance often change. There may be an obligation to notify the insurer, a need to adjust insurance coverage, or the right to terminate the policy outside standard terms in accordance with § 40 VVG.
Summary
Insurance for trainees is essential for the legally secure course of the preparatory service. Depending on the type of training, coverage against professional liability claims, illness, and occupational disability must be arranged with due consideration for specific civil service and social insurance features. Individual tailoring to the particular trainee status, area of assignment, and post-traineeship plans ensures a needs-based and legally sound insurance concept.
Frequently Asked Questions
What insurance requirements exist for trainees under German law?
Trainee lawyers and teachers in Germany are subject to various insurance obligations, derived mainly from civil service and social security law. For prospective teachers, who are typically civil servants on revocation as part of a public-law preparatory service, there is a general duty to insure against illness. This is usually achieved through a combination of the employer’s financial aid entitlement and supplementary private health insurance, with statutory health insurance generally not mandatory for civil servants on revocation but available on a voluntary basis. For trainees in employment relationships, compulsory coverage applies for statutory health, nursing care, pension, and unemployment insurance (§ 5 SGB V, § 1 SGB VI, § 25 SGB III). Regardless of status, statutory accident insurance applies during official duties, and additional private insurance can be taken out on a voluntary basis.
Is the trainee personally liable in the event of damage occurring during service?
In the event of damages arising from official duties, the trainee is generally personally liable only if acting deliberately or with gross negligence, as stipulated by § 839 BGB or civil service law provisions. For minor negligence, the employer assumes liability; any claims are directed against the employer under official liability. This does not apply to conduct outside of official duties or sideline activities not related to the preparatory service. In these cases, civil liability may arise, so taking out private liability insurance and, if applicable, professional liability insurance is recommended.
What particularities apply to health insurance during the traineeship?
Health insurance during the traineeship depends on the trainee’s legal status. Civil servants on revocation receive an entitlement to financial aid from their employer, which covers part of medical expenses under the aid regulations of the relevant federal state. The remaining costs must be covered by private health insurance, where trainees can choose an adaptation tariff and special training rates. Trainees employed under labor law are subject to compulsory statutory health insurance, and contributions are calculated according to the Social Code. Eligibility requirements, deadlines, and notification obligations must be strictly observed, as breaches may result in back payments.
To what extent does statutory accident insurance protect trainees?
Statutory accident insurance under SGB VII covers trainees during official activities, including travel to and from the training site. This includes the cost of medical treatment, rehabilitation measures, and, if applicable, pension benefits in the event of accident-related loss of earning capacity. Insurance does not cover privately caused accidents outside of official duties or self-inflicted accidents outside of official activities. Benefits are provided by the relevant accident insurance agency and require immediate accident reporting.
Are trainees required to take out professional liability insurance?
There is no statutory obligation for trainees to take out professional liability insurance. Nevertheless, it is strongly recommended, as official liability does not cover all damage scenarios, especially in cases of gross negligence or intentional breaches of duty. Liability risks may also occur outside the service relationship, which can be covered by private liability insurance or special professional liability insurance for teachers.
How is the situation regarding pension insurance obligations during the traineeship?
Trainees in a civil servant relationship on revocation are generally exempt from statutory pension insurance, since civil servants are otherwise covered under civil service pension law. Trainees employed under employment law, however, are subject to compulsory pension insurance under SGB VI; contributions are paid based on gross income and flow into the statutory pension insurance system. Special rules, e.g., for previous employment or interruptions, depend on individual periods of insurance and can affect pension entitlements.
Which legal regulations apply to switching between statutory and private health insurance during the traineeship?
Switching between statutory and private health insurance for trainees depends on their legal status. Civil servants on revocation are legally entitled to opt for private insurance and may only join statutory health insurance on a voluntary basis. Returning to statutory health insurance is generally only possible under certain circumstances, for example, when switching status to an employment relationship or under family insurance. The legal principles are based on SGB V and the civil service laws of the federal states. Such a switch is also subject to various deadlines and evidence requirements, and non-compliance may have legal and financial consequences.