The 2nd Senate of the Federal Social Court in Germany has determined that a remote worker who fell between his bed and desk was injured while "commuting." The case file number is B 2 U 4/21 R.
The plaintiff was on his way to work from his bedroom to his domestic office which was located one floor below. According to the suit, he would usually begin work in his office immediately after waking up, without having breakfast. While descending the spiral staircase that connected the two rooms, he slipped and fell, breaking a thoracic vertebra.
The defendant employers' liability insurance association rejected benefits for this worker after the accident. The Social Court determined that the first morning journey from bed to the home office was an insured operational route, but the Regional Social Court found it to be an uninsured preparatory action which merely proceeded the activity of working. The Federal Social Court confirmed the decision of the Social Court.