Judgments in two cases regarding occupational injury insurance

The Supreme Administrative Court has examined what is required in order for an accident suffered by an insured who works at home to be deemed to have such a connection to the insured’s work that a personal injury as a consequence of the accident constitutes an occupational injury covered by occupational injury insurance.

The Supreme Administrative Court tried two cases where the insured worked from home during the corona pandemic and injured themselves.

The Supreme Administrative Court stated that, when work is done at home, a demarcation problem arises in respect of that which pertains to work life and to private life respectively. There is therefore cause to adopt a certain restrictiveness in the assessment of whether there exists a connection between an accident which occurs at home and the insured’s work. The Supreme Administrative Court held that a first condition is that the accident occurs when the insured is performing his or her work. A second condition is that the accident is not primarily related to private life. The Supreme Administrative Court also held that it is irrelevant whether work at home has occurred voluntarily or whether it has been directed by the employer.

In both cases, the Supreme Administrative Court found that the injuries in question did not constitute occupational injuries. The insured were therefore not entitled to compensation from occupational injury insurance.

Read the judgment here:

Updated
2024-02-02