deen
deen

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.

Related Posts

Laptop

EU reporting obligation Finland: change from October

From 1 October 2021, employee-specific information must also be provided in the declaration for Finland. Until 30.9.2021, the reporting obligation is fulfilled by filling in the already known electronic form (important: to be used only...
workspace

New domestic relocation expense allowances as of 01.04.2021 or 01.04.2022

In the case of relocations for work-related reasons, new flat rates for relocation-related tuition costs and other relocation expenses apply retroactively for domestic relocations from 01.04.2021 and from 01.04.2022.

Latest blogs on global assignments

Did they come to stay?
18. April 2023
Salary determination for expatriates
12. April 2023
Application of the daily wage tax table – Significantly higher expenses for employees with limited tax liability
12. April 2023
USA: USCIS plans to increase fees
27. February 2023
Travel expenses and travel expense reimbursements for business and work-related trips abroad from 01.01.2023
31. January 2023
LAG Hamburg: Effectiveness of Hypotax Agreements between Employer and Employee
19. January 2023

Get the latest information on "International Personnel Management - assignments worldwide".

X
X
X