What if I trip over a toy in the home office? Am I insured in an emergency? These and many questions reach the editors every day. Lawyer Arndt Kempgens (52) from Gelsenkirchen answers the most important questions in BILD.
“Beware of accidents at work and insurance traps in the home office,” warns Kempgens.
The lawyer: “The statutory accident insurance (GUV) covers accidents at work. The same protection should apply in the home office as in the company. But there are major differences. The insurance only covers accidents that are directly related to the insured activity and are not attributable to the “general life risk”. For example, the employee sprints to the phone and falls in the process. Insurance cover only exists if the call was professional and not private (Federal Social Court, judgment of November 29, 2018, B 2 U 28 / 17R). The insurance covers going to the canteen at work, but not going to the kitchen at home. “
Photo: marco stepniak-“data-zoom-src =” https://bilder.bild.de/fotos/rechtsanwalt-arndt-kempgens-52-in-seiner-kanzlei-in-gelsenkichen-nrw-383e65af456f4ffdb45d35b0a00a050a-74873006/Bild/1.bild. jpg “/>
Lawyer Arndt Kempgens (52) in his office in Gelsenkichen (North Rhine-Westphalia)Photo: marco stepniak
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Bring a child to daycare?
Anyone who brings their child to daycare on their normal way to work is insured on the way (= insured company route). Anyone who brings their child to the KiTa from the home office has no insurance cover (= no insured business route, BSG, judgment of January 20, 2020, B 2 U 19/18 R).
Fell over a file or cable?
Kempgens: “Anyone who falls over a file or computer cable in the home office is insured. But not if the employee in the home office trips over a children’s toy. “
The way to the toilet?
The way to the toilet is insured in the company (BSG, judgment of 5 July 2016, B 2 U 5/15 R). In the home office, the way to the toilet is not insured, as the employer has no access / influence (SG Munich, judgment of 04.07.2019, S 40 U 227/18).
Do I have a legal right to work from home?
Lawyer Arndt Kempgens: “There is currently – as yet – no legal right for employees to work from home. 24 days per year are under discussion. But: In the state corona resolution of January 5, 2021, the federal government urgently urges companies to “create generous home office opportunities.”
But it also applies: Employees are generally not obliged to simply accept home office.
Because the vast majority of employment contracts do not regulate the home office. However, employees cannot be forced to work at home because their living room at home is usually not “rented out” as a place of work in the employment contract.
But: Employees also always have – unwritten – secondary obligations from their employment contract. This also includes the duty to benevolently check whether it is possible to set up a home office.
A strictly unfounded refusal can violate the employment contract.
What happened to you in your home office?
Write to [email protected]
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