The subtleties of insurance for employees working from home

With nearly 2,000 teleworking agreements signed within companies in France in 2020, more and more employers are wondering about the coverage of employees who work from home. What insurance intervenes if the employee breaks the computer loaned by his employer? What happens if the employee has an accident at home during his teleworking hours, or if sensitive data leaks from the employee’s personal computer?

This new niche is beginning to interest “insurtech”. Denouncing a “regulatory and insurance framework still almost non-existent”Assurup launched in September “the very first telework insurance” for employers, to cover companies against financial losses that may be attributed to them in the context of teleworking. But traditional insurers have also adapted to the generalization of this way of working.

In truth, the terms of coverage for remote employees differ little from those of face-to-face or traveling employees. “Teleworking is only one way of organizing work”, underlines André Choquet, director of private clients within the insurance brokerage company Verspieren. Unlike self-employed workers carrying out their activity at home, telework employees remain under the responsibility of their company. It is generally up to the employer to cover the risks associated with teleworking and to make a declaration to his insurance in order to negotiate possible extensions of guarantees.

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If the employee causes an accident to a third party during teleworking hours, the situation is comparable to that of employees on the move. From the moment that this accident is caused during his working hours, except in certain exceptional cases, “it is the employer’s professional liability insurance that compensates for damage caused by employees during their teleworking hours”, says Ismaël Taifouri, expert in corporate law at SVP, a consulting group for managers and HR functions. However, the company must notify its insurer of the telework of its employees.

In terms of accidents at work, an employee working from home remains covered in the same way as an employee working in a company. “The accident occurring at the place where teleworking is carried out during the exercise of the professional activity of the teleworker is presumed to be an accident at work within the meaning of Article L. 411-1 of the Social Security Code”clearly specifies the labor code.

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