When working remotely, even trips to the restroom or the kitchen will automatically be covered by workers’ compensation insurance: On May 28, 2021, the Bundesrat approved the Works Council Modernization Act passed by the Bundestag, equating workers’ compensation coverage for remote workers with that of employees working on company premises.
For example, if an employee breaks a leg while at work on the way from their desk to the restroom, this will now be considered a work-related accident—regardless of whether they are working in a café, at home, or on company premises.
As a result, employees will now also benefit from the benefits of statutory accident insurance, which range from initial care to medical and psychological treatment and even pension benefits.
Legal Loophole Closed
This closes a legal loophole. Previously, statutory accident insurance coverage while working from home applied only to activities directly related to work. For example, connecting a monitor or walking to the printer was covered by accident insurance, but not trips within one’s own home—such as to eat or use the restroom. With this regulation, equal treatment in terms of insurance coverage has now been achieved for work-from-home situations as well.
Trips to Childcare Now Covered by Accident Insurance
Another change concerns insurance coverage for trips employees take to drop off their children at external childcare facilities.
In the future, accident insurance coverage will also apply to trips made to care for children—for example, between daycare, a child care provider, or school and the home office. However, coverage applies only between the employee’s home and the child care facility.
Work-Related Accident: What to Do?
If employees suffer an accident while working—whether on the road, in their home office, or on the way to childcare—they should inform their employer as soon as possible so that the employer can report the accident to the responsible workers’ compensation insurer.
Many employers’ liability insurance associations and accident insurance funds already offer the option to file an accident report online via their websites. The doctor writes a report specifically designed for this purpose and forwards it to the accident insurance provider. Detailed information is available from the German Statutory Accident Insurance (DGUV).
