The man’s desk was on the floor below the bedroom. He got out of bed, fell down the spiral staircase and broke his back. The employer’s insurance company refused to reimburse the medical costs.
In court, the employee was blunt twice: his route between the bedroom and work room was initially not seen as commuting. The Bundessozialgericht So now he’s right.
‘Insured work route’
In the verdict, the judge points out that the man immediately went to work, without first having breakfast. Had he done so, the accident might not have been labeled a work accident: “The first trip from the bed to the home office is an assured work route.”
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The judge emphasizes that it should not matter for the insurance whether an employee performs his work in the office or outside it.
Teleworking
The judgment refers to ‘teleworking’. The court understands this to mean ‘computer workstations that have been made permanently available by the employer for use in the employees’ living space’.
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