Remote work has become increasingly common. With increased opportunities for remote work, questions arise about the employer's and employee's responsibilities in such work. During the spring of 2023, the Supreme Administrative Court in Sweden handled a case (Case No. 441-22) concerning a possible work injury that occurred during remote work. The question the court addressed was what is required for an accident that affects an insured person working from home to be considered to have such a connection to the insured person's work that a personal injury resulting from the accident constitutes a work injury.
An occupational injury, according to chapter 39, section 3 of the Social Security Code, refers to an injury that has occurred as a result of an accident or other harmful impact at work. To qualify as an occupational injury, there must be a connection between the insured person's work and the accident. A person who suffers from an occupational injury may be entitled to financial compensation for necessary medical expenses.
An employee who is employed in Sweden is insured for occupational injuries under the occupational injury insurance. The occupational injury insurance is part of the general social insurance system.
Case 441-22 concerned an employee who worked as a producer. The employer had ordered that the producer's work should be done remotely to reduce the spread of Covid-19.
While the employee was working from home, a power cable to the computer became loose and fell to the floor. The employee bent down to pick up the cable at the same time as his three-year-old son, who was playing under the desk, stood up. This resulted in the son's head and the employee's chin colliding. As a result, the employee suffered a dental injury.
The Social Security Agency assessed the injury as an occupational injury. However, the Public Advocate for Social Security argued that the decision should be reversed because the requirement for a connection between work and accident should be higher when working from home. Therefore, the Public Advocate for Social Security appealed the decision of the Social Security Agency to the Administrative Court in Stockholm.
The Administrative Court in Stockholm considered the employee's home to be equivalent to his workplace at the time of the accident. The Administrative Court referred to the employer's instructions for remote work and the fact that the accident occurred when the employee was performing his duties, establishing a connection between work and injury.
The Administrative Court's judgment was appealed by the Public Advocate to the Administrative Court of Appeal in Stockholm, who also rejected the appeal, citing the connection between the accident and work. The Administrative Court of Appeal stated that there was no evidence to support a more direct connection between the accident and work when the accident occurs during remote work.
The Supreme Administrative Court determined that a fundamental requirement for a connection between work and accident is that the accident occurs when the insured person is performing their work. However, the cause of the accident must also be taken into account. Therefore, not all accidents that occur when an employee is working at home should be considered as work-related accidents, for example, if the accident occurs primarily due to private circumstances.
Furthermore, the Supreme Administrative Court stated that when assessing whether an occupational injury has occurred, it is irrelevant whether working from home has been voluntary or as a result of an employer's directive.
In the present case, the employee had an accident while performing work. The accident occurred when the employee collided with his son's head, a circumstance that, according to the Supreme Administrative Court, meant that the accident was primarily caused by the employee's private life. Therefore, the Supreme Administrative Court concluded that the required connection between the accident and work, as stipulated in the Social Security Code, was lacking. The employee was not entitled to compensation from the occupational injury insurance.
