A German court ruled last week that a man who slipped while walking from his bedroom to his home office was technically commuting to work and is, therefore, eligible for workplace accident insurance. This is related to the pandemic-imposed work from home, which most of the global workforce has been forced to adopt. COVID-19 is undoubtedly the precursor for discussions around hybrid work models, but the pandemic has also left many employees struggling due to the lack of social interaction, too many interruptions and distractions at home, and nearly non-stop Zoom calls.
Non-stop work and restrictions on outdoor movement have also translated to daily work hours assimilating the time for the commute. While research provides evidence that long commutes can decrease productivity and lower job satisfaction, the positive impact of transitioning from home to the workplace cannot be underrated either. That is why experts suggest taking a break to recollect thoughts before or walking around the block before starting work can improve workers' mental wellbeing. But, it is hard to predict when even minimal movement while working could lead to unwanted accidents, and that is why the German federal court has stepped up to set a precedent for similar cases.
The German federal social court ruled in favor of the man who was met with an accident while walking from his bedroom to his home office one floor above. Notably, the man broke a thoracic vertebra — one of the 12 bones connecting the backbone to the ribs — after slipping on the spiral staircase which connected both the rooms. The court noted the person suffered an injury on his first trip from the bedroom to the current workplace — his home office — and was, therefore, entitled to statutory accident insurance. Needless to say, the insurers had initially refused an insurance settlement to the man.
Employers Responsible For Health & Safety Of Teleworkers, Court Rules
Notably, two lower social courts had previously called this "an uninsured preparatory act" before starting work. But, the federal court opposed the earlier decision taking into account that the man used to begin working even before breakfast, and the trip is, therefore, to be treated as an "insured work route." In its ruling, the 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 also clarified that only accidents during the day's first trip to work are covered under the law, indicating that moving to the home office later in the day might not have been covered.
The court advised the law applies to "teleworking positions" and, thus, holds the employer liable for the health and safety of the employee, given the "nature of teleworking workplaces." It further elaborated that a computer workstation set up in an employee's private premises is also considered part of telework. It is, however, indisputable that the definition of a computer workspace will not apply to work while lying in bed or reclining on the couch, and our readers are, therefore, advised to refrain from harboring any wrong ideas.
Source(s): Federal Social Court, Germany, Howard Business School, HBR