Workplace incident on route to the garage: Is it an occupation-related mishap?
In a recent ruling (Az. L 2 U 30/24), the Landessozialgericht Hamburg has determined that a fall on the way to a car in a home garage is not considered a work-related accident. The incident occurred in a multi-family house, where an employee was making their way to their car parked in the garage. The employee, unfortunately, fell and bruised their wrist in the staircase leading to the garage. However, the Landessozialgericht Hamburg's decision states that the incident would not be classified as a work-related accident, regardless of whether the man had passed through the garage door from the inside or the outside. The garage, the apartment, and the path to the garage are all part of the private area and are not protected by the statutory accident insurance, according to reporting by Bund-Verlag. This classification is significant, as the boundary between private and professional spheres in such cases is often a case-by-case factual assessment by the competent court. In this specific case, the garage door served as the boundary to the private area. The employee had not yet passed through the garage door, the outer door, at the time of the fall. Even if the man had left the house and entered the garage from the outside, the incident would still not be considered a work-related accident, according to Bund-Verlag. The ruling was made by the Bund-Verlag, referring to the Landessozialgericht Hamburg decision. The Landessozialgericht Hamburg has confirmed that insurance protection begins when leaving the private area, specifically when passing through the outer door of the residential building. This means that accidents that occur within the private area, such as the fall in the staircase leading to the garage, are typically regarded as private accidents and not work accidents. This decision underscores the importance of understanding the boundaries between private and professional spheres, especially in cases where an employee may be injured while commuting to work. Determining these boundaries is often a complex process, but in general, the path from home to the workplace is considered a private sphere, meaning injuries during this transit are typically regarded as private accidents and not work accidents unless special conditions or exceptions apply.
