Anyone who works in the home office and falls from bed in the morning is protected by statutory accident insurance. This was decided by the 2nd Senate of the Federal Social Court on Tuesday (file number B 2 U 4/21 R). The ruling is likely to have some impact recently, as more and more people are working from home due to the pandemic.
The plaintiff fell from his bedroom to his home office one floor below on his way to work at home in 2018. Usually he starts to work there immediately without having breakfast beforehand, explains the Federal Social Court. As he stepped onto the spiral staircase, he slipped and broke a thoracic vertebra.
The defendant responsible trade association for trade and goods logistics had refused services on the occasion of the accident, but the victim sued the social court. He looked for a violation of substantive law Section 8 Paragraph 1 Clause 1 SGB VII. The social court interpreted the first morning route from bed to the home office as an insured operating route, but the regional social court in the next instance saw the route as an uninsured preparatory act, it only precedes the actual activity. The Federal Social Court has now confirmed the decision of the Social Court.
According to Section 8 of the Social Security Code, an insured activity is also “the taking of the direct route associated with the insured activity to and from the place of activity”. Taking the stairs to the home office “only served the first time work according to the binding findings of the lower court and is therefore insured as a performance in the interests of the employer as a company route,” explains the Federal Social Court.