Statutory Accident Insurance and Remote Workplace Accidents – What is Covered? – Remark


Statutory accident insurance
Work accident
Different rules for teleworking
Coverage can be extended by voluntary insurance

An employee can slip, drop a laptop on their feet, or spill coffee on their knees. Normally, these accidents are covered by statutory accident insurance; however, in telecommuting, employee accidents are often not covered by insurance.

Statutory accident insurance

Every employer has the obligation to insure his employees against industrial accidents and occupational diseases. Insurance is provided by private non-life insurance companies, but insurance coverage is determined directly by law.

In the event of an employee’s injury, the statutory occupational accident insurance covers the hospital care necessary for the examination and treatment of the injury, as well as the direct costs linked to the treatment or the medical examination, such as travel costs to the hospital and any accommodation costs for the duration of the treatment. The insurance also covers loss of earnings caused by incapacity for work due to an accident. Additionally, if an employee has suffered permanent damage, they will receive separate compensation for the damage.

Statutory occupational accident insurance covers all employees as well as the managing director (CEO) and members of the board of directors (for limited liability companies). However, the CEO and members of the board of directors are excluded from insurance coverage if:

  • the CEO or a director alone owns more than 30% of the shares of the company; Where
  • the CEO or a member of the board of directors owns more than 50% of the shares of the company with his family.

The CEO or members of the board of directors who do not fall under the scope of statutory accident insurance must be covered by voluntary insurance offered to entrepreneurs.

Work accident

For the purposes of insurance coverage, “work-related” accidents include accidents that occur:

  • at work;
  • At work ; Where
  • when the employee participates in work-related activities outside the workplace.

For example, recreational activities organized by the employer or participation in work-related training or education outside the workplace are still considered part of the work of the employee. If an employee attends a seminar and trips with an ankle injury, it is a work-related accident, even though the injury did not occur in the workplace and the employer would could not prevent the injury from occurring.

Employees are also covered by occupational accident insurance when traveling between home and work and back. For example, if an employee is engaged in a non-work-related activity during their commute to work (for example, shopping or picking up children from school or nursery) and are injured, they are still injured. covered. However, in practice, the concept of activities that would normally be required during the commute to work has been interpreted narrowly. The insurance court previously ruled that an employee who picked up a shipment from the post office on the way home was not performing the duties they would normally do when they returned home from work. Thus, the accident occurring when the employee left the post office was not considered to be an industrial accident; therefore, he was not covered by workers’ compensation insurance.

Different rules for teleworking

When an employee works at his home or at a place of work of his choice other than his place of assignment, the protection offered by the insurance against accidents at work only covers damage occurring during work. At the workplace, employees are covered by occupational accident insurance during lunch breaks, but for teleworking, insurance coverage ends when the employee stops working.

A recent decision of the Insurance Court defined the limits of telework insurance coverage. The employee worked from home. When the employee got up and left his desk to take his cell phone from the charger, he hit his toe in the corner of a cupboard. The insurance company denied compensation, claiming the employee was no longer covered by the insurance because he had stopped working and left his workplace. The injury having occurred while the employee was not at his office at his home, the insurance company affirmed that the accident was not related to the work of the employee and therefore not covered by the accident at work insurance. . However, the insurance court disagreed with the insurance company’s position and ruled that it was a work-related accident. The insurance tribunal noted that the accident had occurred while the employee was recovering work equipment and that it was therefore still a work accident which would fall within the scope of the insurance against accidents at work. If the employee had bumped his toe while having a cup of coffee or a newspaper, the decision might very well have been different.

Coverage can be extended by voluntary insurance

Employers can supplement insurance coverage for employees with leisure insurance, in accordance with the law on accidents at work and occupational diseases. Voluntary leisure insurance offers employees the same insurance cover as statutory work accident insurance, but it extends coverage to situations that do not fall under the concept of work accident.

For more information on this topic, please contact Jouni Kautto at Waselius & Wist by phone (+358 9 668 9520) or by e-mail ([email protected]). The Waselius & Wist website can be accessed at www.ww.fi.


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