A German court has ruled that an injury when going from bed to home office is commuting and thus a “workplace accident”. | Photo credit: iStock Images
- A man who slipped and injured his back while going from his bedroom to the home office has successfully claimed this as an industrial accident
- Two lower courts did not agree on whether the short trip was a commute
- When the case was escalated to a higher court, it was decided that “the first morning drive from bed to home office” [was] an insured way to work “
A German man who slipped in his own home and fell down the stairs when going to his home office has successfully claimed it was a work accident after a court ruled it was an official commute .
The stranger fell down the stairs as he went from his bedroom to his study, injuring his spine in the process.
His employer’s insurance company refused to cover the damage. Two lower courts disagreed on whether the trip from the bedroom to the home office was a commute.
But now a federal social court in Kassel has decided that he is entitled to compensation. The Federal Social Court said it had found that “the first morning drive from bed to home office [was] an insured way to work, “says a report in The guard.
“The plaintiff suffered an accident at work when he fell on the way to the home office in the morning,” ruled the court.
The man “usually starts working immediately without having breakfast,” said the court. The court did not elaborate on the meaning of this statement.
The court added that statutory accident insurance only applies to the “first” commute. This suggests that “a trip to breakfast after being in the home office may be refused,” the report said.
It’s not clear if the man worked from home or had previously worked due to the pandemic.
The ruling states that the law applies to “teleworking workplaces”, which are “computer workplaces that are permanently set up by the employer in the private sector of the employees”.