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Fall on walk from bed to desk is workplace accident, German court rules

theguardian.com

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Re: Fall on walk from bed to desk is workplace accident, German court rules

#11
post #2

German courts seem to be a lot like Florida people. Does this mean that the employer now has effectively full control of the person's home? The employer could require substantial changes to comply with workplace safety. Does the employer get to now have access to the home at will to ensure no clutter is about causing a safety violation? Maybe this mindset is a typical European court mindset. Anything possible that mi…

> Does this mean that the employer now has effectively full control of the person's home?

Yes, this is not hard to understand is it?

I guess they don't, they can only fire you if you don't comply.

All workplaces should be assessing how people work at home. If you have to walk to the kitchen to make coffee, then that has to be assessed. Noise from other parts of the house needs to be assessed. Your chair should be assessed.

It's your workplace, they are your employer. Else make them contractors.

Remote work is not just a cool HN cult word, it means things. Even if you don't agree you should understand as an adult in a job this is how the world works. Falls on stars walking to a work desk have been claimed in other countries, this is not new. The 'commute' bit is interesting, but I assume that's just because the insurance company was trying not to pay because the worker was not at work yet.

> Even if die in the arms of a prostitute

This attitude is bullshit. When I travel for fun I have insurance. If you employer makes you travel they also should have insurance, I can do what I want in my unpaid time away for work but I don't want to be there, I want to be home, at home I have less risk than in this new place. We understand it's more expensive away from home, we should also understand there's more risk.

Re: Fall on walk from bed to desk is workplace accident, German court rules

#13
post #5
post #3

Earlier quoted context omitted.

Work isn't liable, no. Workplace insurance is mandatory public insurance in Germany (which also insures e.g. children in school and on the way there), and the case clearly is if the insurance has to cover it, not the employer. Not sure why you think public insurance and the ideas behind it are particular Florida-like though. Or if that was to suggest that the court is being overly weird, could you explain where you t…

This is where I think you're misunderstanding the ruling. Work is liable, but work has insurance to cover the liability. So the employer is covering it by means of their insurance that's what insurance does it covers liability. The ruling is Florida like in that it's absolutely insane. There's no indication that the place of employment purchased or rents out space in this person's house. So the ruling is saying that…

[deleted]

Re: Fall on walk from bed to desk is workplace accident, German court rules

#14
post #5
post #3

Earlier quoted context omitted.

Work isn't liable, no. Workplace insurance is mandatory public insurance in Germany (which also insures e.g. children in school and on the way there), and the case clearly is if the insurance has to cover it, not the employer. Not sure why you think public insurance and the ideas behind it are particular Florida-like though. Or if that was to suggest that the court is being overly weird, could you explain where you t…

This is where I think you're misunderstanding the ruling. Work is liable, but work has insurance to cover the liability. So the employer is covering it by means of their insurance that's what insurance does it covers liability. The ruling is Florida like in that it's absolutely insane. There's no indication that the place of employment purchased or rents out space in this person's house. So the ruling is saying that…

[deleted]

Re: Fall on walk from bed to desk is workplace accident, German court rules

#16
post #5
post #3

Earlier quoted context omitted.

Work isn't liable, no. Workplace insurance is mandatory public insurance in Germany (which also insures e.g. children in school and on the way there), and the case clearly is if the insurance has to cover it, not the employer. Not sure why you think public insurance and the ideas behind it are particular Florida-like though. Or if that was to suggest that the court is being overly weird, could you explain where you t…

This is where I think you're misunderstanding the ruling. Work is liable, but work has insurance to cover the liability. So the employer is covering it by means of their insurance that's what insurance does it covers liability. The ruling is Florida like in that it's absolutely insane. There's no indication that the place of employment purchased or rents out space in this person's house. So the ruling is saying that…

The employer isn't even involved in the court case (or if they are, as a witness, not as the target). The insured is the employee, the insurance is the public insurance body responsible for employees of their employer. The employee sued the insurance, because the insurance is by law responsible to cover it, there is no situation where the employer has to directly bear liability for commute accidents. Speaking of "the employers insurance" is misleading here, because the employer is not the one being insured! It's explicitly not liability insurance for the employer, but insurance for the employee.

(I guess a vaguely similar scenario in non-public schemes would be if the employer decides to buy some kind of extra insurance for their employees as a benefit, like international travel insurance for their holidays. The employer pays the insurance fees, but the insured person is the employee and if they get injured, they don't get to sue their employer either)

Re: Fall on walk from bed to desk is workplace accident, German court rules

#17
post #2

German courts seem to be a lot like Florida people. Does this mean that the employer now has effectively full control of the person's home? The employer could require substantial changes to comply with workplace safety. Does the employer get to now have access to the home at will to ensure no clutter is about causing a safety violation? Maybe this mindset is a typical European court mindset. Anything possible that mi…

When I worked at a bank, they used to send me between offices in a limousine. Not because they have so much money, but because I was still working and therefore insured while in a limo, and not insured if I took a taxi or public transit.

I'm sure this is exactly the same issue at play.

Re: Fall on walk from bed to desk is workplace accident, German court rules

#19
post #7

I'm going to tell this to my gf who works from bed.

Wait, I thought everyone has been working from bed? You guys don’t work from bed? I’m pretty sure I’ve been working from bed.

My interpretation of this article is that staying in bed is the only safe option.

Re: Fall on walk from bed to desk is workplace accident, German court rules

#20
post #17
post #2

German courts seem to be a lot like Florida people. Does this mean that the employer now has effectively full control of the person's home? The employer could require substantial changes to comply with workplace safety. Does the employer get to now have access to the home at will to ensure no clutter is about causing a safety violation? Maybe this mindset is a typical European court mindset. Anything possible that mi…

When I worked at a bank, they used to send me between offices in a limousine. Not because they have so much money, but because I was still working and therefore insured while in a limo, and not insured if I took a taxi or public transit. I'm sure this is exactly the same issue at play.

In Germany, you would be insured either way, as long as it's direct business travel.
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