Chapitre 4. L’accident du travail chez soi.

Abstract

The widespread use of teleworking during the health crisis reduced the flow of occupational accident claims by 20%. This applies to commuting accidents, as well as claims related to « immediate » or “deferred” risks (Rapp. annuel 2020 de l’Assurance maladie - Risques professionnels : Eléments statistiques et financiers, déc. 2021, p. 2 and 113). On the basis of these figures, working at home could be analyzed as a means of preventing occupational risks and improving workers’ health. In reality, however, these figures should not obscure the fact that telecommuting is a major occupational hazard. This is all the more the case given that, while telecommuting was not very widespread before the pandemic, it is now popular with employees and is being developed by many companies as a source of productivity (Rapp. CNP, May 16 2022). We therefore need to keep a close eye on the development of workplace accident legislation in this area, its adaptability to the specific claims experience of teleworkers and its perfectibility, not forgetting the thorny question of the possible recognition of the employer’s inexcusable fault in the event of the accident being covered by professional legislation.