German court rules that man who fell while walking from bed to home office suffered 'workplace accident'

He usually starts work immediately after waking up, which had some relevance to his claim.

Sulaiman Daud | December 10, 2021, 12:21 PM

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A court in Germany has ruled that an accident suffered by a man while he was working from home counts as taking place during his morning "commute".

This means that he can claim workplace accident insurance for the fall that occurred while he was walking from his bed to his desk.

Slipped and broke his back

According to The Guardianthe man has an upstairs bedroom. His home office is located on the floor below.

While walking down a spiral staircase to start work after waking up, he slipped and fell, and broke his back.

However, his employer's insurance didn't want to cover the claim.

Usually started work without having breakfast first

During the hearing by the federal social court, which oversees social security issues, it noted that the man "usually" starts working in his office without having breakfast first.

It also said that statutory accident insurance was only granted to the “first” journey to work.

This suggests that if the man had fallen and injured himself after having reached his home office, and then getting up to make breakfast, the insurance claim could be rejected.

The court therefore found that the "first morning journey" from his bed to his home office was an insured work route.

It added:

"If the insured activity is carried out in the household of the insured person or at another location, insurance cover is provided to the same extent as when the activity is carried out at the company premises."

Under the ruling, teleworking positions refer to computer workstations permanently set up by employers in the private area of the employees.

Top image by Luke Evans via Unsplash.

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