A master thesis from Aalborg University
Arbejdsgivers ansvar for ulykker på hjemmearbejdspladser
[Employer's liability for accidents in home workplaces]
Forfatter(e)
Semester
4. semester
Uddannelse
Udgivelsesår
2025
Afleveret
2025-05-15
Abstract
This thesis aims to examine the scope of the employer’s liability under the Danish Workers' Com- pensation Act. Specifically, it investigates which elements are considered in the assessment of whether an accident has occurred as a result of the work or the conditions under which the work was carried out, when the employee works from home. The research question is based on Section 5 of the Workers' Compensation Act, which states that an accident, as defined in Section 6, may be recognised as an occupational injury if it results from the work or the conditions under which the work was performed. This section provides the framework for the analysis. The thesis applies the legal dogmatic method to describe and analyse the applicable law in the field of occupational injuries. The legal sources examined include acts, executive orders, case law, admin- istrative practice, the nature of the legal relationship, and legal literature. Denmark is currently one of the most digitalised countries in Europe, and this increasing digitalisation has created new opportunities. Among these is the ability for many employees to work from home, as physical presence at the workplace is no longer required to the same extent as before. Section 5 of the Workers' Compensation Act has traditionally focused on situations where an employee suffers an accident in the physical workplace. This thesis therefore explores the extent to which this section applies to accidents occurring in the home working environment, where the boundaries between work and private life are less defined. As home-based work becomes more widespread, it is increasingly necessary to clarify the scope of Section 5. Most recently, the Danish Supreme Court has addressed this issue in its judgments of 2 May 2025 and 23 January 2024. These judgments represent the current legal position in the field of occupational injuries and make it possible to identify several elements relevant to the assessment. The thesis concludes that the element of “belonging” does not form part of the assessment. However, the elements of “working hours,” “performance of the work,” “control,” “natural and necessary,” “agreement,” “instruction,” and “influence” may be included in the assessment. These elements are interrelated, and it may therefore be relevant to assess the presence of each. Accordingly, in each case of a home workplace accident, a specific assessment must be made of which elements are present and what weight they should be given in the individual case.
Emneord
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