DE | EN | RU (0)69 76 75 77 80Mon. - Fri. from 8am to 8pm, Sat. from 8am to 5pm

Insurance For Work-Related Accident at Home in Germany

Dec 30, 21 • Employment LawNo Comments
Insurance For Work-Related Accident at Home in Germany

If an employee in Germany suffers an accident during his or her work, this is an occupational accident and therefore the employer’s statutory accident insurance must pay for any damages incurred by the employee as a result.

Commuting accidents are also occupational accidents

Accidents that occur during commuting are also recognized as a subcategory of work-related accidents in Germany. These include journeys to work that the employee makes between home and the place of work. As a rule, only the direct route to work is insured, not detours for private matters such as shopping on the way to work.

Falling down the stairs in the home office

Due to changing working conditions, such as mobile working and working from home, new legal questions also arise for social insurance institutions. Recently, the Federal Social Court of Germany (Bundessozialgericht, BSG) had to decide whether a fall that occurs in the home office is to be classified as an occupational accident and thus whether the statutory accident insurance is liable.

A worker in a home office fell on a staircase and injured himself. The employee was of the opinion that it was a work-related accident (more precisely, a commuting accident), as he had been on his way to his home office. The BSG has confirmed this in the specific case. The reason for this is that the office spaces are on a separate floor and the employee was able to prove that he only used the stairs to go to his workspace at home.

It has not yet been clarified whether routes to the WC are also insured in the home office (as is the case in the employer’s office in Germany).

WINHELLER advises companies on remote work

Do you have questions about the arrangement for mobile working and a home office in your company? We will gladly support you! Feel free to contact us with your questions at any time.

Continue reading:
Coronavirus and Data Protection: What Do German Companies Have to Consider Regarding Employees, Customers and Home Office?
Working on Sunday is not permitted in Germany

Ellen Pusch

Ellen Pusch specializes in employment law and inheritance law at our Munich office. She drafts and optimizes employment agreements as well as specific types of termination agreements and assists with restructuring projects and M&A transactions (transfers of undertakings).

>> show profile

Leave a Comment

Your email address will not be published. Required fields are marked with *

WINHELLER Blog via Newsletter

Subscribe to our free newsletter and receive regular updates on German business law by e-mail. (Mandatory fields are marked with *)

German Business Law News (4 times a year)
I would like to subscribe to the selected newsletter and for that purpose give my consent to WINHELLER to process my above mentioned data. I have read the "Information for Data Processing in the Newsletter Subscription". I understand that I can revoke my consent at any time with effect for the future by clicking the unsubscribe button within the newsletter. *