A fall on the way to work can be insured – but it doesn’t have to be. The decisive factor is whether the accident happened in a private area or is already part of the commute to work.
When the way to work starts at home
Many employees do not start their journey to work directly at the front door, but rather in the car that is waiting in the underground car park. But legally it makes a crucial difference whether you have already left the outside door behind you or not. Statutory accident insurance only applies outside the so-called domestic sphere of influence. This includes all areas that are still part of the private living environment – this also includes hallways, stairwells or internal entrances to the garage, according to Sozialrechtsiegen.de.
An accident in Hamburg was the trigger
This was exactly what was disputed before the Hamburg State Social Court. A man fell on his way into the underground car park while trying to get to his car to go to work. His case was not recognized as an industrial accident. The reason: The accident occurred inside the residential building, so the outside door was not passed. From a legal point of view, the man was still in his private sphere, as Sozialrechtsiegen.de reports.
Special cases from the home office
Different cases make it clear that there are exceptions. The Federal Social Court decided in 2021 that a fall on the direct route from the bedroom to the home office can definitely be insured. This route was classified as a business route because the work begins within your own four walls. This shows that the specific situation is decisive, as the Federal Social Court (BSG) reports. The case law can vary greatly in detail.
Paul Schütte, editorial team at finanzen.net
Image sources: Shutterstock / Auttapon Wongtakeaw, Nuttapong punna / Shutterstock.com
