Accidents at work while teleworking
The Occupational Safety and Health Act considers accidents to be accidents at work that occur during or in connection with work. When concluding an agreement on teleworking, the parties shall specify the work activities and workplace covered by teleworking.
Work accident
It is advisable to define the work activity and workplace in such a way that they can be clearly identified. If the employee performs his or her activity the marked 2-4 m2-finishes in, an accident that befalls him in this field of work shall be considered an accident, which occurs during the course of work, this way is considered a work-related accident.
What does not qualify as an accident at work
However, it is not considered a work-related accident if the employee leaves their workplace, for example, to go to the kitchen, bathroom, or garden, and has an accident there. This is because, according to Section 87(3) of the Occupational Safety and Health Act, the employer is responsible for activities „related to work” and for the services provided by the employer. In the case of teleworking, the situation is reversed, because in this case the employer has no influence on how the employee has arranged the rooms and garden of their home. In other words, assuming that the employee leaves the work area defined in the contract, even to visit the bathroom, and has an accident in the meantime (e.g., twists their ankle), it can no longer be considered a work-related accident. Therefore, this falls within the employee's area of responsibility.
Accidents at work and work equipment
However, it should be emphasized that if an accident occurs during the use of a work tool, the employer must immediately inspect the work tool in question after the accident, in accordance with Section 23(2) of the Occupational Safety and Health Act.
