In the past, Germany’s Federal Social Court (Bundessozialgericht or BSG) has been reluctant to classify employee accidents that employees sustain in their homes as occupational accidents covered by the statutory accident insurance. A decision of the Federal Social Court on December 8, 2021 (file no. B 2 U 4/21) clarified that the initial journey from bed to a home office constitutes an occupational accident and thus is considered covered by the statutory accident insurance. As many employees are still working from home due to the pandemic, this decision extents the protection of health and safety of the employees.
A field sales manager who was working from home regularly walked from his bedroom to his home office without eating breakfast. One morning, the manager fell on the stairs connecting the two rooms and fractured a thoracic vertebra. The liability insurance association refused to cover the incident and pay benefits, claiming that accident insurance coverage in a private apartment begins when an employee reaches his or her home office workplace. According to the insurance association, the manager’s walk to his home office workplace was an uninsured preparatory act that merely preceded the insured activity of working.
The German Federal Social Court ruled that the employee was entitled to benefits under the statutory accident insurance. The initial journey to the home workplace was an insured route to work and not merely an uninsured preparatory act if the home office is located in the same building as the private living space. In the present case, the manager used the stairs solely for the purpose of starting work in his home office. The court thus reasoned that their usage was in the direct interest of the employer. According to the court, during the activity leading to the accident, i.e., walking down the stairs, the employee was performing an activity serving the employer (i.e., starting work).
In light of the ongoing pandemic and employees’ continued obligation to work from home, the German court’s decision is of practical importance and further strengthens employees’ coverage for their home activities.
About this Author
Anja Becher is counsel in Ogletree Deakins’ Berlin office. She advises national and international clients on all aspects of German individual and collective employment law as well as assists clients with ongoing daily business issues (i.e. drafting employment agreements, agreements for executive and managing directors and company agreements). Furthermore she is specialized in company pension law and matters regarding compliance under employment law. She litigates before all German courts.
Prior to joining Ogletree Deakins in February 2016, Anja Becher worked for six years as an…
You are responsible for reading, understanding and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 or toll free (877) 357-3317. If you would ike to contact us via email please click here.