Due to the changes in the world of work in the course of digitization, the spheres of work and private life are no longer as geographically separated as in earlier times. Accidents at work are accidents that occur as a result of an insured activity. This is independent of the location of the event, so it also applies to working from home.
The BSG (ruling of November 27.11.2018, 2 - B 8 U 17/5) had to decide the case of a partner-manager of an insurance broker who worked in the same house in which he lived. The plaintiff's apartment was on the 1th floor, his office on the 1st floor and a server room in the basement. The plaintiff fell on the way from the server room to the 1st floor at 30:XNUMX a.m. and suffered a fracture of the scaphoid.
First of all, it is determined that the LSG could not deny the existence of a work accident simply because the accident took place on a publicly accessible staircase, which did not serve the company significantly. Rather, the decisive factor is whether the insured person has an objective tendency to act in order to perform an activity that serves the company. To objectify the tendency to act, all circumstances of the individual case, in particular the time of the accident, the specific location of the accident and its objective purpose must always be used. Difficulties arise from the fact that in such constellations professional and private activities are often closely interwoven.
In the present case, the LSG judges had not determined all the facts relevant to the decision and weighed them up against each other. Therefore, the BSG was unable to make a final decision in the present case, but instead referred it back.
For legal advice, this means that a lot of effort should already be put into preparing the lawsuit to prepare the specific circumstances of the case for the court. Overall, the case law of the BSG on questions of the “home office” is by no means solid, so that one should be prepared for new constellations and problems.
Your comment
Participate in discussion?Leave us your comment!