Long rejected by French companies, telework has become, due to the Covid-19 epidemic, the norm for maintaining almost normal economic activity for two years. If, today, the employees have returned in part within the company itself, teleworking is still relevant. But, what happens if the employee is injured at home, during working hours? What are the rights of the employee and the employer?
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According to the annual barometer Teleworking and hybrid organizations of Malakoff Médérick published on February 24, 2022, 36% of employees are still teleworking in January 2022, compared to 38% in December 2021 and 41% in May 2020, during the first confinement. For 20% of them, teleworking is done contractually, which is not the case for the remaining 16%. If, on average, the number of telework days per week was 3.5 in January 2022, it is now around two days per week. But what happens then if a accident work occurs during working hours while the employee is telecommuting? What are the rights of employee ? Can the employer object?
What is teleworking according to the law?
According to article L.1222-9 of the Labor Code, the telework is defined as ” any form of work organization in which work which could also have been performed on the employer’s premises is carried out by an employee outside these premises on a voluntary basis using information and communication technologies “. The employee can therefore, eyes of the law, telework from home but also from a coworking space.
The rights of the employee in telework
Paragraph 3 of thearticle L.1222-9 of the Labor Code specifies that ” the teleworker has the same rights as the employee who performs his work on the premises of the company “. Thus, whether they work in a company or telecommute, employee rights remain unchanged. This is why telework must be the subject of a collective agreement or a charter in order to clearly define the contours of telework and the conditions for its execution.
Is an accident during teleworking time a work accident?
Still according to article L.122269 of the Labor Code, “ the accident occurring at the place where the telework is exercised during the exercise of the professional activity of the teleworker is presumed to be an accident at work within the meaning of thearticle L. 411-1 of the social security code “. This article states that: is considered as an accident at work, whatever the cause, the accident occurring by the fact or in the course of work to any person employed or working, in any capacity or in any place whatsoever, for one or multiple employers or business owners “.
Thus, any accident occurring at home or in a shared workspace during working hours should be considered as a work accident and be paid for by his employer in the same way as a work accident which would have taken place on the premises of the company. ‘company.
What are the steps to take in the event of an accident while working from home?
Only accidents that occur during working hours defined with the employer can be considered as accidents at work. An accident occurring outside these hours or unrelated to your work will not be considered an accident at work.
Consequently, in the event of an accident during telework, the employee has 24 hours to notify or have his employer (except in cases of force majeure). He must also have his injuries recorded by a doctor as soon as possible, who will then provide a work stoppage form if necessary, to be returned to the CPAM and the employer. The employer, for his part, has the obligation to draw up a declaration of an accident at work (DAT) and send it to the CPAM within 48 hours of becoming aware of it.
Accident at work in telework: can the employer contest?
In case of doubt about the professional origin of the accident at work, the employer can express reservations and contest in a reasoned way. He then has a period of 10 days from the date of DAT to declare his reservations to the CPAM, which conducts an investigation for 70 days. In order to be able to contest the professional origin of a work accident in telework, the employer has the obligation to provide evidence justifying his doubts as to the work accident declared by his employee.
Has teleworking had an impact on workplace accidents?
According to Essentials 2020, Occupational health and safety, published by Health Insurance in October 2021, there is a 17.7% decrease in work-related accidents in 2020 compared to 2019, with less than 540,000 accidents. It is in temporary work activities with -23.9% and in the tertiary sector with -23.3% that the declines are the strongest. On the other hand, we observe an increase in work accidents in the sectors that were in demand during the crisis of Covid-19namely distance selling (+14%), purchasing centers (+5%) and ambulances (+2.4%).
Commuting accidents have also fallen sharply due in particular to periods of confinement, with a drop of 19.7% recorded compared to 2019. On the other hand, teleworking has not prevented mental illnesses since 1,441 occupational diseases falling within psychosocial disorders, were reported, i.e. approximately 37% more than in 2019, and resulted in favorable coverage by the Health Insurance – Occupational Risks.
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