Is a telecommuter protected from a work-related accident?
You are working at home and unhappily fall down the stairs. The verdict is a broken arm and you must wear a cast for 6 weeks. As an employee in this case, can you appeal to your employer's work accident insurer?
Telecommuting: the new norm
Telework can be organized in two ways: either structural, in which the employee works from home on a regular basis (e.g., every Wednesday afternoon or Friday), or occasional, where, in case of unforeseen circumstances or for personal reasons, the employee cannot perform his work at the normal place of work (e.g., in case of an unexpected train strike or a health crisis) provided that the nature of the work allows working from home.
Since the outbreak of the current epidemic, many companies have let their employees work from home. It is expected that even after the crisis, a lot of companies will increasingly embrace the concept of working from home. This naturally brings with it practical questions. For example, what happens if you are the victim of an accident while working from home? Does this also qualify as an accident at work?
Suspected occupational accident
For telework, there is a legal presumption that an accident that occurs due to and during the performance of work is effectively an accident at work. In other words, it is presumed that the accident occurred during working hours as well as at the workplace, even if it is at home.
As an employee, you only need to be able to present an approval for telecommuting from your employer. However, there are no specific conditions attached to this. An email, text or Whatsapp message will suffice.
The interpretation of telecommuting
It is advisable to clearly put in writing the arrangements you make with your employer regarding the specifics of telecommuting. Specify where, when and for what period of time you will telecommute, especially if it differs from the regular hourly schedule included in the employment contract or work rules.
If this information is not available, then the ordinary hourly schedule is the evidence of the work accident.
Relocations
As an employee, you are also basically insured for work road accidents. This is an accident that happens on the way to and from work, including detours made to pick up the kids or buy food.
In telecommuting, you work from home and there is no travel to the workplace and back. The government has eliminated this disparity. Since January 2019, as a teleworker, you are also covered if you take or pick up children to school or daycare. This protection also applies to a commute to where you purchase or consume lunch.
Damages
If your accident is recognized as an accident at work, the work accident insurer will pay you compensation. This compensation includes, on the one hand, an allowance for the medical expenses and travel costs resulting from the work accident and, on the other hand, compensation for the loss of wages you suffer due to the work disability.
Decision
If you become the victim of an accident during working hours while telecommuting, you will be able to appeal to your employer's work accident insurer.
Is there a disagreement about the recognition of the workplace accident or the compensation you receive from the insurer? Do not hesitate to contact us! We will assist you in word and deed.
You can always contact us by phone and email (info@bannister.be/ 033692800)
April 22, 2020
