Taking into account the use of teleworking as a means of preventing and containing the epidemiological situation related to COVID-19, it should be noted that, for the purposes of occupational accident insurance, the following is considered:
− Workplace: any place where the worker is or must go for work purposes and where he or she is directly or indirectly subject to the employer's control.
− Working time: in addition to the normal working period, the time preceding its start, spent on preparatory or related activities, and the time following its end, spent on related activities, as well as normal or forced interruptions of work.
Under these terms, teleworkers have the same rights and duties as other workers, particularly with regard to compensation for damages resulting from accidents at work.
However, in situations where workers begin to work remotely, and to avoid any doubts, it is necessary to formalize this arrangement.
To this end, the employer must notify the insurer of the employee's teleworking status, indicating the location where the work will be performed, as well as the normal working hours.
In case of claim:
Companies must prove, only in the event of claim, that the employee was teleworking, and to do so, they should have documentary evidence (the teleworking situation must be implemented in writing, either by email or internal communication).
In these cases, companies must prove that the employee was teleworking, either from their home or another location previously approved by the company.
It is not necessary to notify the Company if no claim is made.