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Man wins ‘workplace accident’ claim despite working from home

A German court has ruled that even if an employee is working from home, they can claim “workplace accident” insurance, The Guardian reported Thursday.

Germany’s Federal Social Court ruled in favour of a man who slipped while walking a few metres from his bed to his home office, the publication reported, saying that he was technically commuting.

“The man was working from home and on his way to his desk one floor below his bedroom, the federal social court, which oversees social security issues, said in its decision.”

The man, whose name is not known, while walking on the spiral staircase connecting the rooms slipped and broke his back, according to the publication.

The German court said the employee usually began work at his home office “immediately without having breakfast beforehand”.

“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 said.

The law is applicable to workers in “teleworking positions” who have set up permanent workstations at their residences.

The employer’s insurance had refused to cover the claim.

Two lower courts had earlier disagreed whether the short trip was a commute, however, the higher federal social court said it had found that “the first-morning journey from bed to the home office [was] an insured work route”.

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