Bloke breaking his back on 'commute' from bed to desk deemed a workplace accident
- Reference: 1639162986
- News link: https://www.theregister.co.uk/2021/12/10/bed_to_desk_workplace_accident/
- Source link:
It's not something companies coping with the ongoing work-from-home wave will want to hear, but the bloke's fall on his spiral staircase was ruled a "workplace accident" by Germany's federal social court, [1]The Guardian reports .
Somewhat unsurprisingly, the company's insurance wouldn't cover the claim, and two lower courts disagreed whether the – ahem – trip counted as a commute, but the higher court ruled "the first morning journey from bed to the home office" was an "insured work route."
[2]
"First morning journey" are the operative words here as it was emphasised that the guy started work "immediately without having breakfast beforehand" – the suggestion being that if he had descended the staircase and fallen while on his way to fill a bowl of Frosties, the claim he was commuting could have failed.
[3]More than half of UK workers would consider jumping ship if a hybrid work option were withdrawn by their company
[4]The Omicron dilemma: Google goes first on delaying office work
[5]GitHub's State of the Octoverse survey shows devs are still swerving the office
[6]Brits complained a bit less about connectivity when they were allowed to go outside and see people in the flesh
[7]Does the boss want those 2 hours of your free time back? A study says fighting through crowds to office each day hurts productivity
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 added that the [8]law applied to "teleworking positions" where "computer workstations" are "permanently set up by the employer in the private area of the employees."
[9]
Across the Channel, it came to light this week that more than [10]half of UK employees would quit if their company pulled hybrid working options. It is nice to see that, thanks to the pandemic, workers are holding more cards than usual. ®
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[1] https://www.theguardian.com/world/2021/dec/09/fall-on-walk-from-bed-to-desk-is-workplace-accident-german-court-rules
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YbPcJ9UpSizgHJYghJtEQwAAAJI&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.theregister.com/2021/12/09/hybrid_working/
[4] https://www.theregister.com/2021/12/06/google_omicron_lockdown/
[5] https://www.theregister.com/2021/11/17/githubs_state_of_the_octoverse/
[6] https://www.theregister.com/2021/11/17/ofcom_report/
[7] https://www.theregister.com/2021/04/26/commute_work_psychologist_study/
[8] https://www-bsg-bund-de.translate.goog/SharedDocs/Pressemitteilungen/DE/2021/2021_37.html?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en-GB
[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YbPcJ9UpSizgHJYghJtEQwAAAJI&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[10] https://www.theregister.com/2021/12/09/hybrid_working/
[11] https://whitepapers.theregister.com/
Re: Falling out of bed
"So if you fall out of bed after a bad nightmare you can claim on your employer's insurance?"
NO If your bad nightmare was being chased and bitten by your dog.
YES If you woke up after dreaming that you had just typed rm -r.
Will it now be possible that German companies will want to carry out an in person risk assessment of someone's home? Otherwise how are they going to stem these claims?
Insurance companies will simply hike the fees at renewal for WFH cover to the point employers will insist you come into the office, where you are responsible for your commute and insurance doesn't occur until you cross the building threshold.
A spiral staircase would be deemed a higher risk than a conventional one. And carrying a hot beverage? The risk assessment may advise consuming the beverage before stepping on to the staircase
Hello, this is your WC/Osha compliance department....
Please allow us to come in to your home to make it a safe working environment. Actually, just give us a copy of your key and we will call ten minutes ahead of time to come check your working space.
Thank you,
The Mgmt
Personally, I don't want anyone except me making decisions about what I do / don't do / how I do them in my own home.
Is that only valid for working from home?
Seems like you would still have to come down the stairs in the morning if you are commuting to an office, so they would be on the hook for that accident regardless.
I thought the US was king of the frivolous lawsuit, but I guess Germany is trying to outdo us!
Re: Is that only valid for working from home?
This verdict seems to make it out as though the employer is liable for injuries on any part of the commute to work, so if the bloke had tripped and fallen as he was walking down the pavement on the way to the office the employer would be have to pay compensation. That doesn't seem right?
Re: Is that only valid for working from home?
And if you fall down the Tube gap, your employer is jointly liable?
Falling out of bed
So if you fall out of bed after a bad nightmare you can claim on your employer's insurance?