"I make a detour every day on the way to work to drop off my two sons at school. That is considered to be the journey to work. But what if I work from home? Is the trip to school and back also considered to be the trip to work?"
The article below shows that this is not the case.
But let us begin at the beginning, namely the difference between telecommuting and working from home.
No. Working from home is (essentially) professional work that is performed at home. Telecommuting can, by contrast, also done elsewhere on a regular basis. Furthermore telecommuting is regulated by a collective agreement, which provides that the employer must draw up a written contract for each telecommuter, and this must be done before the telecommuting starts.
Generally we can establish that your accident-at-work insurance for employees covers accidents for employees that take place during and as a result of the implementation of the contract of employment. The sting in the tail is right here at the start: the victim must establish that the accident occurred during the implementation of the contract of employment. This shows that this evidence can be more easily supplied in the workplace with colleagues as witnesses.
The strict evidence requirement applies just as much to work from home, as for any work related accident. How do you solve this in practice? If you added a “work from home” clause to your work related accident policy, you can still receive a lot for your accidents.
For telecommuting the government has already added a relaxation: where the accident occurs at the place and at the time specified in the contract of work for a telecommuter, it is assumed that this is a work related accident. Evidence to the contrary can naturally be provided by the insurer.
The trip to work for work related accidents = the normal route between the residence or second residence to the place of work and back.
With work from home there is no trip to work as the residence is also the place of work; with telecommuting that does not occur at home, there is a trip.
The Arbeidsongevallenwet [Work Related Accident Act] lists a number of routes that are equated with the trip to work. One of these is the route from the place of work of the employee to the place where they have a meal and back. The route to work is also the detour to drop off or collect children to and from a childcare place or school.
Where the drop-off and collection of children is concerned we decide that:
- this route is covered in case of telecommuting where there can be a trip to work (that is not where the telecommuting is done from home),
- this route is not covered for work from home, as there is no trip to work (and as a result no detour from the trip to work).
No work from home or telecommuting: in the schematic diagram above it is shown that trip to school and/or childcare, if the following route is to work, is seen as the trip to work.
Within the framework of working from home, both trips are, as standard, not insured. To avoid debate later on, draw this to the attention of those working from home who are affected. Extensions to the policy can also be considered.
With telecommuting (where the work is not at home) both trips are insured, on the condition that the location where the telework is carried out is stated in the contract of employment and also that this location is not the home.
Your insurance questions are always welcome.