Based on measures taken by different companies to send their employees to telework amid the pandemic, some wonder what accidents are taken as workplace accidents while working from home.
Telework is currently covered by Law 1221 of 2008,which ensures the rules for promoting and regulating this modality. In it, it can be understood that as long as the worker continues to provide his services either in telework or office, the employer must continue to pay the contributions to occupational risks in case the worker becomes in any type of accident, the occupational risk manager (ARL) must guarantee the assistance and economic benefits that may arise from it.
What you should keep in mind is that at the time the worker suffers such accidents at home the worker must be immediately reported to the employer for him to contact the ARL and proceed to the care of the accident or illness.
In Colombia, the labour right defines the accident at work in Law 1562 of 2012, Art.3,in it indicates that it is an accident that occurs during the execution of orders of the employer, even though it happens outside his place of work.
Therefore, if an employer requires overtime work, which is requested and taken into account by law, in that time it will remain protected in any kind of occupational risk. But if the worker suffers some kind of off-hours accident, it is safest that in that one it cannot be determined as a work accident no longer than that he is doing that activity.
In relation to the inability to work it will derive from the orders established by the doctor. The law states that disability can be up to 180 days extendable for up to another 180 days. At the end, if rehabilitation is not achieved, a process of qualifying for job loss should be initiated.
If this case occurs and the worker obtains a job capacity loss rating of 50% or more, he or she will be able to access the disability pension.
On the other hand, in relation to those who are affected in health and who wanted to say goodbye, the PPU partner made the following clarification: “the prohibition is established to terminate the employment contract because of the limitation of a worker, unless authorization from the Ministry of Labour is given”.
In addition, the Ministry of Labour indicated that it is important to carry out different action plans for the prevention of occupational risks, so companies should promote the adequacy of occupational hygiene and safety standards on the basis of an Occupational Risk Prevention Plan. In this, the first thing that is done is to identify the place where the activities will be carried out to make a diagnosis of the conditions. This task can be done with the advice of the Occupational Risk Manager.
Some of the conditions that are noted in these cases are safety and health. In addition, it is recommended that the ARL provide a telework agreement, inform and copy the teleworker of the entity’s health and safety policy and, finally, ensure