A physician was on weekend on-call duty and took a meal break at home after having completed a period of work there. As she went out into her garden to eat, she fell and suffered a serious foot injury. The plan was that, after the break, she would travel to the hospital and continue working.
The Supreme Court held that the physician was not working when the injury occurred
The Supreme Court found that the physician was not “at work” when the injury occurred. She was therefore not entitled to occupational injury coverage. The Court reasoned that injuries sustained during breaks from work while working from home fall outside the wording of the relevant legislation. Furthermore, the particular characteristics of the home environment support the conclusion that employees are covered by the occupational injury scheme while working from home only when they are actually performing work. Accordingly, the more generous case law and administrative practice applicable to injuries occurring during breaks at the ordinary workplace did not apply.
Dissenting opinion
Two justices dissented. In their view, a long-established interpretation of the legislation supported the conclusion that meal breaks are covered by the occupational injury scheme and that this should also apply to meal breaks taken while working from home.
The significance of the judgment
The judgment clarifies that employees are not covered by the occupational injury insurance scheme while taking breaks from work in their homes.
Source: Supreme Court
Martin Edelsteen Woll
mwoll@melo.no
+47 414 87 832
