Accident at work in the home office and office: you have to consider that

Just like in the office, accidents can also occur in the home office. But how do you actually behave in such a situation? And: Which injuries actually count as an accident at work in the home office?

Whether in the office or in the home office: accidents at work happen. The legal situation, especially for mobile workplaces, was very unclear until recently. Since 2021, however, one thing is certain: After § 8 paragraph 1 sentence 3 SGB VII of the Social Code, an accident in the home office is also considered an accident at work.

But regardless of whether you are at home or in the office: if you injure yourself at work, certain measures apply Measures to take. We explain to you when an injury actually counts as an accident at work and how you to handle the situation should.

Office and home office: What actually is an accident at work?

Accidents at work are accidents and injuries, which permanent and freelancers or voluntarily insured persons suffer in the performance of their work or on a business trip. This also includes other activities that are directly related to the workplace, such as company sports or company parties. It doesn’t matter how serious the injury is.

According to the Social Security Code, all “temporary events that affect the body from the outside and lead to damage to health or death” are considered accidents at work. Even a slight fall or a small cut are part of it and must be documented.

Commuting to work and going to the toilet are disputed

In some cases, disputes may arise as to whether or not an accident at work actually occurred. This is the case, for example, when going to the toilet or if you injure yourself in the canteen during the lunch break. Even when it comes to the way to work, opinions differ from time to time.

This also applies if something happens to you while you are on a private phone call in the office or on your way to a smoke break. Should a case arise in which it is unclear whether there is a connection to the operational activity, the accident insurance will decide in case of doubt. If you do not agree to this, you can contact the social court.

If you have an accident at work, you have to follow a few steps to legally document what happened. We will explain how to behave correctly in the office and when working from home.

This is how you behave in the event of an accident at work in the office

Companies must, depending on the number of employees causing obligation First Responders determine and train them accordingly. So if there is an accident at work, they are your first point of contact. They can first take care of your wounds and, if necessary, alert the emergency services or the police.

It is then important that you record your accident in a first aid book register No matter how minor your injury may seem, it’s important to document it. Because often you cannot immediately recognize and correctly assess the long-term effects. By making an entry in the first-aid book, benefits can also be claimed from the accident insurance later.

If you have been seriously injured but hospitalization is unnecessary, you must be hospitalized accident insurance doctor visit. These are medical personnel who are particularly familiar with accident medicine. As a rule, the accident insurance institution appoints an accident insurance doctor for each company, who examines injured people and determines the treatment.

In these cases, the trade association comes into play

If there is a reportable accident at work, the trade association must also be informed in good time. In the event of serious incidents, a report to the trade inspectorate or another competent supervisory authority is required.

Incidentally, in the case of an accident at work in the office, it also plays a role whether the accident insurance doctor certifies incapacity to work for more than three calendar days. In this case, too, your accident must be reported to the trade association. If at least three people are injured or at least one person is killed in an incident, the trade association must be informed immediately, regardless of the inability to work.

Accident at work in the home office: you have to consider that

According to the legislature, working from home is an “activity in the household of the insured person or at another location”. This expressly named “other place” ensures protection at work from any chosen workplace.

Employees are only insured if there is an express agreement between the employer and the employee. Although this can also be informal, it should at least be in writing – for example in an addendum to the employment contract.

Home office: When is an accident an accident at work?

An injury in the home office is only an accident at work if it happened in the context of an insured activity. This means that you must have been working for the company during the incident. In the home office, all actions that serve the operational purpose are insured.

For example, if you are on the basement stairs falls while on the way to work at home, this is considered an accident at work. However, if you fall on the way to the front door because you wanted to receive your private mail, then this is not an accident at work.

If you injure yourself while working from home, you must report the incident to your employer immediately. It’s best to do this in writing. Since your superiors probably do not know your mobile workplace, you must also describe exactly and in detail what happened – if possible even with appropriate pictures. If there are witnesses to your accident at work, you should also name them.

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