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Telecommuting: if I suffer an accident at home, does my employer have to cover the expenses for damages?

Telecommuting: if I suffer an accident at home, does my employer have to cover the expenses for damages?

With the arrival of the pandemicthousands of people had to adapt to work from their houses. Due to this, guidelines were established so that the companies comply with the teleworking legislation, whose deadline expired on April 27. This regulation contains specific bases, such as the accreditation of work accidents under this modality.

According to figures from the Ministry of Labor and Employment Promotion (MTPE) to date, there are 227,000 registered teleworkers. In this context, given the still large number of employees under this type, it is worth asking what happens if a person suffers a accident inside your home while you are on a work shift. Are you covered or uncovered? Who should bear the bills in case any damage or harm is generated? We tell you here.

Teleworking: when is a work accident accredited?

In the words of labor lawyer Germán Lora, as in any employment relationship, whether remote or face-to-face, the employer must guarantee a job that meets the minimum safety conditions, especially in a place where he does not manage.

As for the work accidents, They will only qualify if the worker can demonstrate that the injury or damage to health occurred with three aspects that the specialist highlights: workplace, hours and tools for work use.

Teleworker must prove injury or accident

“The norm (of teleworking) has established that the burden of proof of a work accident is in charge of the employee, who must demonstrate that the accident it occurred in the place where he provides services, within the working day and with the tools provided for that position,” he explained to La República. “That is, if I go to have a coffee, I grab the kettle and have an accident, it does not apply.” , add.

  Work accident qualifies if it occurs in the workplace, hours and with the tools for work use.  Photo: iStock

Work accident qualifies if it occurs in the workplace, hours and with the tools for work use. Photo: iStock

“If I go to the bathroom and I fall, is it a work accident? Maybe yes, because being in the bathroom is a part of my provision of services. I believe that each situation must be analyzed specifically. If my laptop burns and I damage the eyes, you can apply, especially since it is with the technological tool used to work”holds.

Employer Required to Identify Hazards

According to the norm, after that, the employer must carry out the investigation of this eventuality with the participation of the Committee and Supervisor of Safety and Health at Work, in order to assess whether or not said event constitutes an accident at work. But by way of prevention, also has the responsibility to identify hazards and assess risks to which it is exposed teleworker.

“The employer has to show in a self-declaration how the workers are in their work environment. I believe that if the employer is not sure that the workplace is a suitable place, they would not give them that option,” says the expert. .

It should be remembered that everything worker on the payroll is insured, either in state insurance (isHealth) or individual (EPS). The injured worker can go to the affiliated health center according to his form. However, the aspect that Germán Lora emphasizes the most in an accident labor are the damages that it can generate.

“Medical expenses are assumed by the insurance that the employer pay. The most worrying are the damages, for example, that the teleworker breaks his leg, becomes disabled, suffers a heart attack or dies, etc.”

Source: Larepublica

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