The occupational accident legislation already included an assumption that, under certain circumstances, an accident suffered by a ‘teleworker’ was presumed to have occurred during the performance of the employment contract.
Since 27 January 2019, the occupational accident law has defined the terms ‘teleworking’ and ‘teleworker’ specifically. It now also provides for an extension to occasional teleworkers, while this was previously limited to systematic teleworking.
Following the amendment to the law, the definition of an accident suffered by a systematic or occasional teleworker now reads as follows:
- in the location(s) specified in writing in a teleworking agreement or any other document allowing this on a generic, systematic, collective or individual basis. If the location(s) are not specified in writing, the home or the location(s) at which the teleworking is usually carried out are assumed;
- within the timeframe mentioned in the teleworking agreement. Failing this, the normal working hours for the employer will be taken into account.
Please note that the insurer may provide proof to the contrary and refuse to pay out.
The amendment to the law now also provides for:
- an extension of the equivalent (or insured) journey from the teleworker’s residence, if the teleworking is carried out there, to ‘the location at which they consume or purchase their lunch (and vice versa)‘;
- a further equivalent journey from the teleworker’s residence to or from the children’s childcare setting/school, if they drop them off or collect them.
The normal rules of evidence apply to any other form of occasional teleworking (see the Workable and Flexible Work Act of 5 March 2017).