Norway: New Decision from the Supreme Court that Employees are Not Covered by the National Insurance Scheme Coverage During Breaks in the Home Office

In September 2024, the Supreme Court issued a judgement clarifying that an employee who works from home, and who injures himself during breaks from work, is not covered by the National Insurance Scheme’s occupational injury coverage.

The case concerned a hospital doctor who worked from home during a weekend shift. During her lunch break, she tripped and suffered permanent injuries in one foot.

Pursuant to Section 13-6, second paragraph of the National Insurance Act, occupational injury coverage applies to occupational injuries that occur while the employee is working at the workplace during working hours. The Supreme Court stated that in the event that the employee is outside his or her ordinary place of work, the key question is whether the employee was “working” when the accident occurred. There must be a connection between the work and the accident.

The Supreme Court found that injuries that occur during breaks when working from home are not covered by the National Insurance Scheme’s occupational injury coverage because the employee was not “at work” when the accident occurred.