Had an injury in a home office approved as an occupational injury
A NITO member's claim for occupational injury compensation was rejected after falling down the stairs in his home office. Fortunately, the rejection was reversed after an appeal. "This is an important and principled decision," says the lawyer who assisted the member.
The NITO member fell on the stairs at home, before the working day was over. The injury was reported as an occupational injury, but the insurance company rejected the claim for coverage. The company believed that the accident fell under the employer's leisure accident cover, an insurance with far poorer coverage than the occupational injury insurance.
Won against the insurance company
NITO has a cooperation agreement with the law firm Simonsen Vogt Wiig, which has special expertise in cases related to occupational injury insurance.
The NITO member contacted Simonsen Vogt Wiig, and shortly after lawyer Øyvind Vidhammer filed a complaint, the insurance company chose to reverse the decision so that the injury still fell under the occupational injury insurance.
"This is an important, principled decision. With thousands of employees working from home as a result of the corona pandemic, the issue of whether injuries in the home office should be approved as occupational injuries is very topical," says Vidhammer.
Ill-adapted home office
He points out that the occupational injury rules are poorly adapted when the injury occurs in one's own home. The main rule is that occupational injury insurance covers injuries sustained by employees at work, at the workplace during working hours. Now that home office has become more widespread, there will probably be more cases like this.
The lawyer believes that it is certain that an agreed and/or imposed home office is covered by the Act's condition regarding the place of work. The accident in question occurred at approximately 15.40-15.45, undoubtedly within working hours.
The core question is whether the accident occurred while the member was working. In this case, it is clear that the member was working with a colleague on Teams. At about 3:30 p.m., he took a short lunch break, before continuing his work on Teams. He was on his way back to the office, with a cup of coffee in his hand, when he slipped on the stairs and injured himself.
The injury incident thus occurred in what in the sense of the law were tasks in connection with ordinary work. The insurance company therefore concluded that the injury fell under the Occupational Injury Insurance Act.
Unclear boundaries
"The challenges with injuries that occur in a home office, as opposed to a regular workplace, are that the distinction between work and leisure quickly becomes blurred. If you fall down the stairs on the way to the washing machine, or to pick up the newspaper, or because you are going shopping, the damage does not occur in connection with ordinary work. If, on the other hand, the injury occurs in connection with ordinary rest breaks, toilet visits, or specific errands that have to do with work, then you are at work," says Vidhammer (pictured).
The lawyer has clear advice for those who work from home:
- If an accident occurs, it is important, as soon as possible, to document how, when and in what context the injury occurred.
- Submit a claim as soon as possible. Describe the circumstances. If there were witnesses, make a note of it.
- If there is a need for medical attention, see a doctor as soon as possible, and preferably also record both the injury itself, and whether it occurred in connection with work.
