(jur). Routes in-house, for example to get something to drink, are not insured, ruled on Tuesday, July 5, 2016, the Federal Social Court (BSG) in Kassel (ref .: B 2 U 5/15 R). Because the design and safety of stairs, for example, is solely in the hands of the employee himself.
The applicant works for the Rhineland-Palatinate State Mobility Service, which plans, builds and maintains roads. On the top floor of her house, she has set up a study as a "home office". The country provides computers and other tools.
For health reasons, the woman has to drink a lot. When her supplies, which she had taken with her in the morning, had been drained on the day of the accident, she wanted to get new water in the kitchen on the ground floor. She slipped on the stairs, buckled and broke her left metatarsal.
The Rhineland-Palatinate Accident Insurance Fund did not recognize this as an accident at work. On the other hand, the woman complained by pointing out that comparable routes, for example to the toilet or the canteen, were insured in a company. This must also apply to working in the home office.
The BSG nevertheless dismissed the lawsuit. Ultimately, there is no adequate reference to work.
Because unlike regular employees, the employees in the home office had "no operational requirements or constraints" regarding their breaks and work breaks. In addition, the accident happened between the study and the kitchen and thus in their "personal life". The design and risks in this way are not the responsibility of the employer, but the employee. The accident insurance company could not order any measures to protect against accidents, such as sticking black and yellow signal strips on the stairs.
The Kassel judges emphasized that the operational interest in working at home does not deprive an apartment of the character of a private, uninsured sphere of life. "It is therefore appropriate to attribute the accident risk from the domestic and therefore personal area of life to the insured and not to the statutory accident insurance, which is intended to replace entrepreneurial liability."
So far, the BSG had decided that the first trip to work in the home office could be insured. In its new ruling, the BSG accident senate expressly left open whether it adheres to it. mwo / fle