The Case
An employer had instructed an employee to work from home during the COVID-19 pandemic but had not provided any specific guidance on how the home workspace should be arranged.
While working from home, the employee at one point went to the kitchen to turn on the coffee machine. On the way back to the home workspace, the employee tripped over a box placed on the floor and sustained an injury, including a broken shoulder.
It was undisputed in the case that the act of making coffee had a natural connection to the work and, as such, could be considered to fall within the scope of the working conditions under section 5 of the Workers’ Compensation Act.
The injury was initially reported to the Labour Market Insurance (Arbejdsmarkedets Erhvervssikring), which rejected the claim on the grounds that “the injury was not caused by the work or the conditions under which it was carried out.” The decision was upheld by the Appeals Board (Ankestyrelsen).
The case was brought before the District Court, which found in favour of the Appeals Board on the same grounds. However, the decision was appealed to the High Court, which reversed the ruling and held that the employee’s fall was a result of the working conditions and thus covered by the Workers’ Compensation Act.
Supreme Court’s Decision and Reasoning
The Supreme Court upheld the decision of the High Court and stated that working from home does not preclude recognition of a work-related injury when the injury occurs in the course of performing work duties. The Court emphasised the following:
Moreover, the Court held that the fact that the employee tripped over a private object in their home did not, in itself, exclude the injury from coverage. The Court referred to the employer’s responsibility for maintaining a healthy and safe work environment – including at home – and concluded that the employer bears the risk of injuries occurring during the performance of work, even if the cause relates to the home environment.
Remarks from Mette Klingsten Law Firm
The Supreme Court’s decision helps shape the continued development of the workers’ compensation system at a time when working from home is becoming increasingly common. It confirms that the Workers’ Compensation Act is to be adapted to modern working conditions and that the decisive factor is whether the injury arises from the work or the conditions under which it is performed – regardless of the location.
Companies that allow employees to work from home should therefore:
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