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The Courts IT

Fall On Walk From Bed To Desk Is Workplace Accident, German Court Rules (theguardian.com) 148

An anonymous reader quotes a report from The Guardian: A German court has ruled that a man who slipped while walking a few meters from his bed to his home office can claim on workplace accident insurance as he was technically commuting. The man was working from home and on his way to his desk one floor below his bedroom, the federal social court, which oversees social security issues, said in its decision. While walking on the spiral staircase connecting the rooms, the unnamed man slipped and broke his back.

The court noted that the employee usually started working in his home office "immediately without having breakfast beforehand," but did not explain why that was relevant to the case. However, later it said that statutory accident insurance was only afforded to the "first" journey to work, suggesting that a trip on the way to get breakfast after already being in the home office could be rejected. The employer's insurance refused to cover the claim. While two lower courts disagreed on whether the short trip was a commute, the higher federal social court said it had found that "the first morning journey from bed to the home office [was] an insured work route." It ruled: "The plaintiff suffered an accident at work when he fell on the way to his home office in the morning."

The German federal court said: "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." It is not clear if the man was working from home due to the pandemic or had done so previously. The ruling said the law applied to "teleworking positions," which are "computer workstations that are permanently set up by the employer in the private area of the employees."

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Fall On Walk From Bed To Desk Is Workplace Accident, German Court Rules

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  • by Joe_Dragon ( 2206452 ) on Thursday December 09, 2021 @05:05PM (#62064147)

    same thing as driving into work / or public transportation it seems in other places in the EU.

    • by ThosLives ( 686517 ) on Thursday December 09, 2021 @05:27PM (#62064217) Journal

      I guess this is a difference in philosophy - I personally don't understand how you can make a party liable for something over which they have zero control. Simply asking someone to be somewhere at a particular time should not confer liability.

      And no I don't think "but he wouldn't have been taking that trip if it wasn't for work" is a valid excuse, because there is no distinction between such a trip for work and for any other purpose.

      I mean, how on earth could such a policy not be abused and have unintended adverse consequences?

      But then again, I have a high personal-responsibility view of life...I wouldn't in my lifetime think "oh man my employer disability insurance should cover me because I slipped going down the stairs in my own house." To be honest I wouldn't even think that if it was the staircase at my place of work unless the stairs were falling apart or covered in hazardous substances.

      • Like, is the employer going to demand inspections of this 'workplace' now to ensure it is free of tripping hazards?
        • Pretty much yes. I have had a whole series of things I have had to sign off about the safety of my home work place since March 2020.

        • If it was an outspoken "Home office" situation, then yes. In those situations the employer is still responsible for the workplace, even if it is in your basement and not in the office building. And this includes safety inspections.

          If your contract only mentions "mobile work", then safety and everything is your problem.

          On the other hand, for mandatory accident insurance this is not as relevant WHERE it happens, but rather WHEN it happened. If you were on the clock or on your direct way to and from your workp

      • Similar stuff applies in the US also. Maybe not to such a great extent or in all states, but it's certainly there. If you are required to take travel to do your work then you can be covered for worker's comp if you have an accident while doing the travelling. This is because getting to the job is a part of the job. Now if you have an auto accident, worker's comp will only cover what it normally covers, which is lost pay due to inability to work, but it won't cover auto repair costs because the auto insu

      • by vux984 ( 928602 ) on Thursday December 09, 2021 @08:27PM (#62064655)

        But then again, I have a high personal-responsibility view of life

        What does that matter?

        I'm self employed and work for myself. So nobody insures me. So I insured myself against accidents that would cause loss of work, and the inability to earn money. If I trip and fall and break my jaw or hand or leg and can't work for for months, I bought insurance to cover that, so I don't starve and lose the house. If I trip over and am permanently disabled, I have insurance to cover that too. I'm insured under one policy if I break my leg at a client's site or on the way to a client site etc, and another if break my leg mountain biking or skiing and yet another policy kicks in if the accident happens in my car.

        So if I have an accident, no matter what, I'm insured, my wages are covered, long term disability is covered, if I get cancer I'm covered, etc etc etc. The only question is which policy it will fall under. My level of "personal responsibility" really has no bearing on the question at all.

        In the case of employees; in most civilized countries, the employer bears the burden of paying for insurance against work related injuries. This is because employers are generally significantly responsible for the conditions of employment and the level of risk associated with them, and can often take steps to reduce the risks and lower their premiums.You might counter that the employer has no control over the conditions in your house... but by letting you telework, the employer has pretty much minimized risk. People's homes on average are pretty safe places to be, and eliminating the is a big risk reduction. So sure... the trip from bedroom to computer might still be deadly, but statistically its a pretty damned safe bet.

        Should your work policy cover you for that 'commute' ? Perhaps, perhaps not, but if not the work policy, something should! Shouldn't it?

        Or do you really wander around life content that if your driving to a ski resort, hit some black ice, wrap your car around a tree and break your back you'll get a settlement that will compensate you something for a lifetime of pain, therapies, lost wages, etc. Plus replace the car. If you slip on black ice carrying some pipe across a job-site... same thing... minus the replacement car. But if you slip walking on black ice on the sidewalk in front of your house while putting up christmas lights... uh... shoot... now you're just fucked, hope your loaded because even the ambulance ride is out of your pocket, never mind everything else that happens at the hospital, and the months of lost wages on top of that... but hey.. "personal responsibility" or something.

        That's pretty sad, yet you seem to wear it like a point of pride.

      • by ghoul ( 157158 )
        You confuse insurance with liability. Insurance is to cover low probability events which would ruin an individual by spreading the risk over a large pool. That way premiums stay affordable. Now the company pays the premiums for insurance to cover you for accidents. If they didnt you could buy your own but you dont because its already covered. So the question is not whether the company is liable, its whether a coverage applies.
      • The reasoning behind this is mostly that car accidents are not in the control of either party, and that employers have more means to get redress from other parties than individuals.

        If the employee was found to be negligent then the employee probably has to pay the employer back or gets reduced or no payment. However, its easier for a company to get money from a person than vice versa. Basically, for a company it's an inconvenience, but for a worker it might destroy their lives if they wouldn't get their mon

      • If people in the EU have a better deal than in the US, why moan and cry about it and not just move there instead? I don't get it.

  • Not where I work. We we injure ourselves while working at home it's on our dime. They said so.
    • Well of course your workplace is going to say so. Question is, what do the courts say? In this case, the workplace said it wasn't a work-related accident but the courts ruled it was. Could very well see the same happening in the US and elsewhere. I don't think we've seen enough of these type of cases to have a set standard.
      • by Tablizer ( 95088 )

        US courts are generally pro-corporate compared to European.

        • "Pro corporate" is just a thought-stopping cliche, especially around here. Considering that this decision gives the employer a legitimate basis for influence over the worker's home furnishings and layout, do you feel more or less free as a result?

          • Fat chance of that happening. As the OP said, no corporation in the EU gets any say in that.

        • It's not pro-corporation to say you are responsible for what happens in your own house. If the employer had come in and installed a bunch of equipment and strung cables all over the place creating a tripping hazard, I could see the argument. Otherwise, it's a matter of personal responsibility. The alternative is taking away your privacy and freedom by allowing the employer that will be held accountable to inspect your home and make changes to appease their insurance company.

      • by tlhIngan ( 30335 )

        Well of course your workplace is going to say so. Question is, what do the courts say? In this case, the workplace said it wasn't a work-related accident but the courts ruled it was. Could very well see the same happening in the US and elsewhere. I don't think we've seen enough of these type of cases to have a set standard.

        That's because in the EU, the commute to work (minus detours for coffee, doughnuts or breakfast) is covered under the worker safety laws. So if you get hurt on your way to your job, the e

        • There are cases in the US where the commute *IS* covered by workers comp. If your job is sales, then it can be covered for example. Or times when you are required to travel for business purposes. Sometimes even if you're injured at the gym at the hotel you stay at during a business trip might be covered! Also, if you are "on call", then your trip to work when asked to come in at an unusual time is also covered! Only the regular every day commute is not covered in hte US. Rules also vary state to state.

          R

        • I've worked remotely for over 15 years. Joked about slipping in the shower and claiming it. Boss (granted he's a friend and the CEO) said they'd cover it. But yes, I understand that most companies are going to work to reduce their liability as much as possible.
    • Now check with your state or country to see if that's allowed or not. Just because an employer says something doesnt mean it's always so. Since we're being required to work from home, then legally your home is now your workplace. Your employer shouldn't even care, because it's not their money, it's your money being deducted from your paycheck that covers workers compensation.

    • "They say so" doesnâ(TM)t mean it is so.
  • unnamed man (Score:3, Funny)

    by Anonymous Coward on Thursday December 09, 2021 @05:18PM (#62064185)
    I think the really sad part is that the poor man has no name. And I used to think Germany was generally well off...
    • Germany is so well off that many people there may have a dozen names or more at once! It is the poor German who only has one middle name.

  • Wow, having some knowledge of workplace safety regulations here in the 'states, this one makes my head hurt. Here, you can hurt yourself at the office (or other job site) and still get your claim denied, as long as the employer has has exercised due care in providing a safe work environment. You'd get laughed out of the courts if you tried to claim an a "workplace injury" because you tripped going down the stairs in your own home. (This could get a little more interesting with things like repetitive stre
    • Note health care is free in Germany (Europe), so it doesn't need to cover medical builds or pay a statuary damages for an unsafe working enviroment. It just means which insurance needs to cover sick days.

      • "Note health care is free in Germany (Europe), so it doesn't need to cover medical builds "

        Sure it does. Such accidents are covered by the mandatory accident insurance the employer has to offer, the normal health insurance doesn't have to pay anything.

        • Every health insurance will make sure you get treatment without payment, but if they can, they will try to get the money back from someone else. A case in London, where a guy riding his bicycle much too fast ran into a woman crossing the road with her eyes fixated on her iPhone, and both were ordered to pay half her hospital bill.
      • Worker's comp in the US doesn't cover healthcare normally, that's a separate plan. Worker's comp covers your loss of pay while unable to work.

      • by Pascoea ( 968200 )
        If you would have told me this morning "you're going to see a Beavis and Butt-head reference applied to a law article" I would have called you a damn liar. Well played, sir.
  • Most insurance will redefine "commute" to be riding in a vehicle. Also wouldn't surprise me if they will try to claim a home office isn't a workplace for the purpose of workplace accident insurance, if some aren't already doing this,
    • Re:I Predict... (Score:4, Insightful)

      by splutty ( 43475 ) on Thursday December 09, 2021 @05:39PM (#62064265)

      That's not going to work. Does walking count? Riding the metro? Train? Bike? Skateboard?

      "Riding a vehicle" isn't as prevalent in other parts of the world as it is the default in the US, for instance.

      And once you get to "Walking counts", then you're right back at the start with this case.

      • by jd ( 1658 )

        In America, you are deemed with grave suspicion if you actually walk anywhere. If the southern States could make it illegal, they would.

        • If the southern States could make it illegal, they would.

          No need, the weather [occasionally, but with increasing occurrence] makes it unworkable anyway. Hell, while I was living in Austin over 20 years ago, there was a whole month where trying to do that for any measurable distance would probably kill you. A whole bunch of people actually did die of heatstroke, and most of them weren't even walking anywhere.

    • My mom worked at a company that was just on the other side of the road. All she had to do was step out of her house door, cross the road, step into the office. Of course that is a commute. It is a very short commute with very little risk, but if something had gone wrong, of course she would have been covered.
    • Thatâ(TM)s what they have courts for in Germany, so that insurance companies csn't pull a fast one. Commuting by walking or bicycle is definitely covered (I have more than one colleague using a bicycle to get to the office) and of course my home office is my workplace, thatâ(TM)s where I work.

      No this case was a bit borderline but was decided correctly using common sense.
  • by eepok ( 545733 ) on Thursday December 09, 2021 @07:53PM (#62064595) Homepage

    I work in transportation and I'm happy to say that, at least in California, commuting is not considered working time for Worker's Compensation claims. There's no way for the workplace to control the safety of your commute-- so why should they be responsible?

    I could only imagine the claims that would happen if it weren't so.

    • I will never be able to grasp at why so many US American are so happy to have so few social net and protection as possible.
      • by radoni ( 267396 )

        I will never be able to grasp at why so many US American are so happy to have so few social net and protection as possible.

        God is dead. Here comes Facebook and Baby Shark. You don't have a future. Oh by the way your grandparents are still alive to ridicule you about how much better it was "in the good old days" before the coloreds and mexicans took over; and they're living on subsistence payed for by tax dollars for a below-poverty wage job you don't even have yet.

        P.S. Mom and Dad are anti-vax and homophobic but their hasn't been much good new music produced since their generation

        Have a good life! Trust us, we're TikTok, we ar

    • Why are you _happy_ to say that? Iâ(TM)d say it is unfortunate.
    • by AmiMoJo ( 196126 )

      They took out insurance specifically to cover employee's commutes. The insurance company priced it according to their risk models. There is no requirement for employers to cover commutes in most cases, this was just a perk or maybe because they were worried about something like this happening and losing a good employee for months or years while the recovered.

      There are some exceptions. At the moment there is a push to get care workers paid for commuting, since they have to visit people in their homes and get

      • The obvious thing for the insurance company to do is to pay the claim, then sue the man for creating an unsafe condition in his workplace which caused them to have to pay out. Ultimately it should cost him much more than he gets, because he's at fault. After all, it's his house, and he's in control of it. I sincerely hope that this is how it comes out, even though I think insurance companies are leeches in general. It benefits no one when people game the system in this fashion.

  • So, is everyone in Germany commuting to work the moment they step out of bed on a work day?
    • No. And this is the actual point of this court ruling.

      Most Germans are on their way to breakfast when they step out of bed which of course does not count as commute. So for most persons, commute still starts when they leave their place.

      Besides that the crucial point if that guy regularly had breakfast before starting to work at his home office, the impact of this whole thing will be neglectable. This was most likely two insurances fighting who had to pay, which doesn't matter much in the endfor the unnamed

    • No. Not everybody. But someone who is working at home, and walks from his bedroom directly to his computer to start work, is covered according to the ruling. An accident in the shower or while brushing his teeth wouldnâ(TM)t be covered. But as soon as he walks to his computer to start work itâ(TM)s covered. Common sense really.
  • The trouble with lawyers is they want to maximize their income, so they always want their clients to sue the richest party. Logically, if he tripped at home, it's his own problem. But there's no money in that. I'm surprised they didn't think of suing Google because they didn't turn his lights on/send a warning about trip hazards/whatever, you make it up ...

  • I know a lot of people are laughing and celebrating this "woo I can get worker's comp tripping at home!"...except understand the direct ramifications of this: the case has suggested, logically, that the employer's insurance company can dictate (or implicitly dictate, by raising rates vs risk) things IN YOUR HOME.
    That nice rug from grandma? Tripping hazard, get rid of it.
    A pet? Could bite: get rid of it.
    At the very least, this INVITES corporate insurers to inspect and evaluate your home - do you really wan

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