No coverage for occupational injury during a home office break

During a weekend shift, a physicial took a meal break at home after having worked there. When she went out into the garden to eat, she fell and seriously injured her foot. The plan was for her to return to the hospital and continue working after the break.

The Supreme Court concluded that the physician was not "performing work" when the injury occurred. She was therefore not entitled to occupational injury compensation.

The reasoning was that injuries occurring during breaks from work at a home office are not within the scope of the wording of the law. Furthermore, the specific characteristics related to the home suggest that employees are only covered at a home office while performing work. The lenient practice applicable to injuries during breaks at a regular workplace did not apply here. 

Two justices dissented, arguing that according to long-standing legal interpretation, meal breaks are covered by occupational injury insurance, and that this also had to apply to meal breaks at a home office.

The judgment clarifies that employees are not covered by occupational injury insurance during breaks from work at home.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: National insurance, occupational injury, section 13-6 of the National Insurance Act

Key paragraphs: 35–37, 44

Justices: Webster, Falkanger, Falch, Steinsvik, Lund