Yes, the employee benefits from the specific regulation applicable to work-related accidents and illnesses (Article L. 1222-9 of the Labour) if an accident occur while working from home.
Under Belgian law, a teleworker remains covered by 'classic' compulsory industrial accident insurance taken out by the employer.
However, the following particularities remain relating to insurance coverage during teleworking:
As a rule, accidents covered by industrial accident insurance include those that occur (1) under and during the employee’s execution of his employment contract, or (2) “on the employee’s way to and from work”.
1. In case of (structural or occasional) telework, the law on industrial accidents provides a rebuttable presumption: an accident is presumed to happen during the execution of the teleworker’s employment contract if it occurred:
- first condition: at the location or locations stated in writing as the place of work, in a teleworking agreement or any other written document authorising telework, whether structurally or occasionally, collectively or individually. In the absence of such a written statement, the presumption will apply to the employee’s residence or to the place or places where the teleworker usually performs his work;
- second condition: during the period of the day stated in a teleworking agreement or any other written document authorising telework as the period during which work can be carried out. In the absence of such a written statement, the presumption will apply that during working hours that the teleworker would have to perform duties if he were working at the employer’s premises.
2. When a teleworker works from home, his journey from his home to the day-care centre or school or to the place where he gets his meals (and vice versa), is considered a journey “on his way to and from work”. Hence, an accident taking place on these journeys will, in principle, be considered an industrial accident and will be compensated.