No accident insurance cover on the way to the home office

Work-related accidents are covered by the statutory accident insurance. Under certain conditions, this also applies when departing from the usual path.

Facts of the lawsuit:

The injured party, an area sales manager in the field, wanted to get from his living quarters to his offices, which were also located in the residential building. In doing so, he fell on the stairs. He justified going to the offices by wanting to start his work.

However, the defendant institution of the statutory accident insurance was of the opinion that this was not an occupational accident, as the accident had occurred within the domestic sphere.

The LSG NRW also rejected the claim at second instance. This was justified by the fact that the complainant had neither been on an insured business route nor on a path that was insured in connection with the activity.

An insured path according to § 8 II no. 1 SGB VII requires that the insured person passes through the front door. This forms a boundary between the uninsured domestic area and the insured activity. The consequence is that employees in the home office can never be insured for path accidents within the house or flat.

Nor can this be assumed to be a work-related accident on the way to work according to § 8 I SGB VII, since the claimant only wanted to start work. The way to and from work is a path taken in the course of the insured activity. Ultimately, this is to be seen as an act of preparation and post-processing of the actual work performance.

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