The Supreme Court recently held that an industrial injury that occurred when an employee was on the way to work was not covered by the Workers’ Compensation Act.

Skrevet af

As a general rule, injuries that occur in connection with transport to and from work are not covered by the Workers’ Compensation Act, as the injury is not considered to have occurred as a result of the work or the conditions under which work was performed. However, if an injury occurs during transport that is considered part of the work or is deemed to be in the employer’s interest, the injury may still be covered by the Workers’ Compensation Act according to the executive order on industrial injury insurance during transport to and from work.

The case concerned an employee in a municipality who was involved in a traffic accident on her way from her home to the institution where she had her first meeting of the day. Before leaving home, she had spent 15-20 minutes checking emails and preparing for a meeting.

According to the Council of Appeal on Health and Safety at Work, the accident was covered by the Workers’ Compensation Act, as the employee’s work in the morning meant that the transport between her home and the institution had taken place in connection with the work or the circumstances under which the work had been performed.

The municipality then brought an action against the Council of Appeal on Health and Safety at Work. The district court found that the employee – before she left home – had performed actual work in the employer’s interest and that there was no basis for setting aside the Council’s assessment.

However, the Eastern High Court ruled that there was no basis for deviating from the principle that transport from home to work is not covered by the Workers’ Compensation Act. The High Court emphasised that the employment relationship with the municipality or consideration of the municipality’s interests had not influenced the transport, as the employee herself organised how she would get to the institution and where and when she would prepare.

The Appeals Permission Board subsequently granted permission to appeal the High Court’s ruling to the Supreme Court. Our article about the Board’s decision can be found here.

Not covered by the Workers’ Compensation Act
The Supreme Court referred to the executive order on industrial injury insurance during transport to and from work, which stipulates that injuries occurring during transport to and from a workplace are covered by the Workers’ Compensation Act if the employment relationship with the employer or consideration for the employer has influenced the transport to and from the workplace.

This assessment takes into account the time of transport, the manner in which transport takes place, whether preparations prior to transport are necessary, and whether the nature of the work precludes a clear distinction between leisure time and working time.

The Supreme Court stated that the executive order on industrial injury insurance during transport to and from work deviated from the clear premise of the Workers’ Compensation Act that transport between home and workplace is not covered by the Act.

The Supreme Court found that there is no basis for deviating from the principle if the employee has chosen to perform work in their own home, even if this has taken place immediately before the employee leaves their home to go to a place of work.

The Supreme Court referred to the fact that, in the specific case, the employee herself had organised how she would get from her home to the institution and where and when she would prepare. It was therefore the employee who had decided to prepare before leaving home.

Accordingly, the Supreme Court held that the accident was not covered by the Workers’ Compensation Act, as there was no basis for determining that the employment relationship with the municipality or consideration of the municipality’s interests had influenced the transport between the employee’s home and the institution on the day in question.

On that basis, the Supreme Court upheld the High Court’s ruling.

Norrbom Vinding notes:

With this judgment, the Supreme Court has established that in a situation where the employee themselves organises where and when the preparation of work is to take place, and how they travel from their home to their place of work, an injury that occurs during transport between the employee’s home and place of work is not covered by the Workers’ Compensation Act, even if the employee has chosen to work from home first.

The content of the above is not, and should not be a substitute for legal advice.