As more and more employees enjoy home office options, litigation with regard to work accidents suffered when working from home has also become more relevant. While statutory accident insurance coverage is triggered when working from home, this does not extend to non-work-related activities.
In a recent judgment, the Munich social court held that an employee who works from home and injures himself on the way to the bathroom which is located on the ground floor and not closely connected to the space used as a home office, is not protected by the statutory accident insurance (judgment dated 4 July 2019, docket number S 40 U 227/18). The court based this decision on the fact that an employer has no influence on the safety of such installations. This, however, is true for the home office in general, which is also why an employer would be required to monitor health and safety compliance and request access.