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

Chinesische Flagge vor traditionellem Gebäude

China News – Visa-free Entry

Visa-free entry for German citizens to China German citizens can enter China visa-free from December 1st, 2023 to November 30th, 2024. The same applies to citizens of France, Italy, the Netherlands, Spain and Malaysia. Visa...
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...

Latest blogs on global assignments

New portal for EU registration for postings to the Czech Republic
11. July 2024
Israel News
21. June 2024
Expats and the cost of living abroad
21. June 2024
Luxembourg: Labor authorities carry out more checks
20. June 2024
Lithuania becomes the 21st country to sign the Telework Convention
19. June 2024
New visa category for Italy – The Digital Nomad visa
19. June 2024

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

X
X
X