In times of corona, teleworking or working from home is the new norm. More and more employees are working from home. But are your employees also insured in case of a work accident?
Two types of teleworking
- Structural telework where an employee can work from home or outside the company on a regular basis, for example a fixed day a week. This is laid down in your employment contract.
- Occasional telework that is applied on a non-regular basis. This is the case, for example, during heavy snowfall, but also during the current corona crisis.
Work Accident Insurance
A teleworker is covered by the work accident insurance if the accident occurs at home during and due to the performance of the employment contract. In this, there is a rebuttable presumption that the accident is deemed to have occurred during the performance of the employment contract if the following conditions are met:
- Time - The accident must occur during the period of the day stated in the telework agreement or another document that permits telework.
- Place - The accident must have occurred at the location specified in writing as the place to perform the work.
Making arrangements
It is advisable to make written (or digital) arrangements regarding the manner (working hours, workplace, and period) in which telework can be performed. The written agreement can be a telework agreement or another document that permits telework.
If no agreements have been made regarding working hours, the usual work schedule serves as proof of the work accident. This can be important when the situation deviates from general employment, and that is all too often the case during this corona crisis.
Even without a written document, coverage applies, but then the teleworker must demonstrate that the accident occurred during and due to the performance of his employment contract.
Furthermore, the teleworker is also covered by the work accident insurance on the way from his residence to his children's school or childcare facility and vice versa, as well as on the way from his residence to the place where he eats his meal or purchases it and vice versa.
A serious work accident
If the conditions of the definition of a serious work accident are met – also for homework – a detailed report must be drawn up. The company must organize how, for example, an investigation can be carried out and possible preventive measures are proposed by the prevention service.
A serious work accident must be investigated by a prevention adviser level 1 or 2 and, in the absence within the company, by the prevention adviser level 1 of Premed (the External Service for Prevention and Protection at Work). The employer must inform Premed immediately of any serious work accident.
