A German court has ruled that a man who slipped a few meters from the bed to the home office can make a claim to occupational accident insurance because he is technically “commuting”.
The man worked from home and was on the way to his desk one floor below his bedroom, according to the decision of the Federal Social Court, which is responsible for social security issues, a report in the guard Conditions.
The nameless man slipped and broke his back as he walked the spiral staircase that connected the rooms.
The court found that the employee usually “worked immediately without breakfast” in the home office, but did not explain why this was relevant to the case. Later, however, it was said that statutory accident insurance was only available for the “first” trip to work, which means that a trip to breakfast after she had already been in the home office could be refused.
The claim was rejected by the employers’ insurance. While two lower courts disagreed as to whether the short trip was a commute, the Federal Social Court declared “the first morning trip from bed to home office” [was] an insured way to work. “
“The plaintiff injured himself at work when he fell on the way to the home office in the morning,” ruled the court.
“If the insured activity is carried out in the household of the insured person or at another location, there is insurance coverage to the same extent as if the activity is carried out on the company premises”, according to the Federal Supreme Court.
It is unclear whether the man worked from home or had previously worked as a result of the pandemic. According to the judgment, the law applies to “teleworking workplaces”, ie “computer workplaces that are permanently set up by the employer in the private sector of the employees”.
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