An incident in which a man slipped and fell down the stairs at his own house has been ruled as a ‘workplace accident’ by a German court.
Of course, with the onset of the Covid-19 pandemic, we’ve all been asked to work from home if we can, and that means that – by definition – our homes have become our de facto workplaces.
However, you’d imagine that the law might look upon that slightly differently, especially when it comes to slipping on your own staircase.
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In this instance, the man was using the stairs to get to his home workspace when he slipped and injured his spine.
Now, Germany’s Federal Social Court has ruled that he is entitled to compensation.
They reached this decision because they said that the man in question was ‘on his way to work from his bedroom to the home office one floor below’, and said that this commute – yes, it’s still a commute – was along an ‘insured work route’.
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The court said: “The plaintiff suffered an accident at work when he fell on the way to his home office in the morning.”
Previously, the company’s insurance company allegedly refused to cover the claim.
The matter was escalated to the higher court after a lower court ruled that the incident was an ‘uninsured preparatory act that only precedes the actual activity’.
Therefore, they ruled that it was ineligible for any insurance claims.
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“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,” the court ruled.
We can’t be sure whether the man was working home because of Covid-19 or for another reason.
The law – the court said – can be applied for employees in ‘teleworking positions’ who have workstations set up permanently in their houses.
They said that the definition by which this law can be applied includes positions such as computer workstations that are ‘permanently’ set up inside any private space that is authorised by the employer, and is agreed upon by all parties in an agreement or employment contract.
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The court also heard that the man usually started his day of work at the home office ‘immediately without having breakfast beforehand’.
Exactly what implications that has on the case isn’t known, but it seems a relevant details to point out, somehow.
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