Injury sustained while traveling from home to work was not covered by the Workers' Compensation Act

On November 5, 2025, the Supreme Court ruled in a case concerning whether a resource teacher in the municipality was covered by the Danish Workers’ Compensation Act after being injured in a traffic accident on her way to work. 

The accident occurred while the employee was driving from her home to a municipal institution where she was scheduled to observe a child on that day. The employee’s permanent place of work was at the municipal office in another city, but she often performed work tasks at various institutions. She also had the option of working from home.

The parties agreed that the employee's transport from home to work was not covered by the Danish Workers’ Compensation Act. However, the dispute was whether this principle should be waived because the employee had checked her work email, phone, and calendar and read a draft report on the child she was to observe at the institution that day immediately before leaving home. 

The significance of the employee working from home before departure

Initially, the Supreme Court ruled that the Danish Workers' Compensation Act clearly excludes injuries that occur while traveling to or from work. While certain exceptions are stipulated in the executive order on workers’ compensation during transportation to and from work, the Supreme Court found no grounds for deviating from this initial ruling.

The Court emphasized that transportation to and from work can only be recognized as work-related if the employment relationship or the employer's business specifically influenced the transportation. This assessment may consider the time and nature of the transportation, as well as any necessary preparations for work prior to departure.

The Court found that the employees’ voluntary preparations for work at home did not mean that the subsequent transportation should be considered work-related. Based on this, the Supreme Court concluded that the employee was not covered by the Danish Workers’ Compensation Act at the time of the traffic accident.

Littler notes

The Supreme Court's ruling clarifies that an injury will only be covered by the act in special cases where the employer's interests or the employment relationship in general have affected the transportation, unless this follows from the specific exceptions in the executive order on workers’ compensation during transportation to and from work.

In its ruling, the Supreme Court emphasized that ordinary travel to and from work – even if an employee performed work at home immediately prior to departure – is not covered by the Danish Workers' Compensation Act. However, if the travel involved necessary preparations at home, the outcome may have been different.