All about workplace accidents

In the workplace, remote work & on the go

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Table of contents

What is a workplace accident?

The definition of a workplace accident is set forth in the April 10, 1971 Workplace Accident Act.

Article 7 of this law states the following:

For the purposes of this law, an accident at work is any accident that happens to an employee during and through the fact of the performance of the labor contract and that causes an injury. The accident occurring during the performance of the contract shall, subject to proof to the contrary, be deemed to have occurred due to the fact of the performance of that contract. Also considered an accident at work is the accident that happened to an employee outside the performance of his contract but was caused by a third party due to the performance of the contract.

And Article 9 states:

If, in addition to the existence of the injury, the affected person or his/her beneficiaries point to a sudden event, the injury shall, subject to proof to the contrary, be presumed to have been caused by an accident.

Core requirements of a workplace accident

  • A sudden event
  • An injury
  • A causal link between the sudden event and the injury
  • An accident that occurs during the performance of the employment contract
  • An accident that occurs due to the fact of the performance of the employment contract (causal relationship to employment)

According to Article 8, § 1, an accident occurring on the way to and from work is also considered a workplace accident.

Burden of proof

The victim of a workplace accident must prove only three things to constitute a work-related accident:

  • The sudden event
  • The injury
  • The fact that the accident occurred during the performance of the employment contract.

Once the victim has proven this, one legally starts from certain presumptions:

  • Presumption of causal relationship between sudden event and injury (Article 9)
  • Presumption of connection with performance of employment contract (Article 7)

The suddenness of the event is crucial as it distinguishes a workplace accident from an occupational disease.
Thanks to legal presumptions, the burden of proof for the victim or next of kin is eased to some extent.

Remote workplace accidents

An adjustment to Article 7 is provided for accidents while working from home.
The accident that happens to a teleworker is deemed to have happened during the execution of the employment contract, subject to proof to the contrary:

1: When the accident occurs at the place or places specified in writing as the place to perform his work, in a remote working agreement or any other document authorising working remotely.

(If the place(s) are not specified, the presumption applies to the residence or place(s) where the remote work is customarily performed.)

2: When the accident occurs during the period of the day specified in a document referred to in paragraph 1 as the period during which work can be performed. In the absence of such a statement in the written agreement, the presumption applies during the working hours that the person working remotely would be required to perform if he were employed at the employer’s location.

In essence, a remote workplace accident is considered an accident at work (WA), subject to a few conditions:

  • Both the location and time of remote work are important to qualify it as WA.
  • If the remote working location is agreed upon in writing, the accident must occur there to be considered WA.
  • If no place is agreed upon, the law accepts the victim's place of residence or the place where remote work is customarily performed.
  • In addition, the accident must occur during the agreed upon period in which remote work is performed.

The importance of a written remote working agreement

It is essential to make clear agreements between employer and employee regarding the exact place and time period in which remote work may occur. If not, the law assumes presumptions for place and period.
Be thorough and make clear arrangements to avoid discussions in the event of an accident while working remotely.

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Workplace accidents on the way to work

Article 8 § 1 of the Workplace Accident Law is clear: an accident on the way to work is also considered an accident at work. However, there are some conditions and exceptions, such as following a “normal pathway.

Definition of the route

Getting to and from work means the normal route the employee must take to get from his place of residence to where he works, and vice versa. The route to or from the residence begins as soon as the worker leaves the sill of his main or secondary residence and ends as soon as it is crossed again.
Deviations are allowed by law for various reasons:

  • Stops at different places of residence, employment or embarkation and disembarkation as part of carpooling for common commuting (i.e., the law does not require them to be co-workers)
  • Variations for the purpose of dropping off or picking up children to/from daycare or school.

There are other exceptions that also count as a commute, such as getting a sandwich, cashing wages/salary, returning tools to a previous employer and a move to vocational training. As many as 12 exceptions are provided in the law.

According to the law, when are you at work?

One is not only ‘at work’ if one is effectively working at the location described in the employment contract.
According to the Workplace Accident Act, you are also ‘at work’ if you:

  • fulfill an assignment as a union delegate or employee representative in the workplace (with express or implied authorisation from the employer).
  • attend a works council or safety committee meeting.
  • attend training classes during normal working hours (with express or tacit permission from the employer).
  • report to the prevention advisor-occupational physician for:
    • a spontaneous consultation in application of the legislation on health surveillance of workers.
    • A pre-employment visit as part of employee health surveillance (visit may occur before actual work resumption during the period of disability).

You do not necessarily have to be at work during the accident to be considered an accident at work.
However, note the exceptions.

Clear insight into the effective cost of workplace accidents:

Anyone talking about safety thinks first and foremost of preventing accidents at work. From the management perspective, this will always be the main objective of the prevention policy pursued. This with a view to guaranteeing the continuity and productivity of their company, but obviously also because of the financial aspects that industrial accidents entail.
Occupational accident costs should be broadly interpreted as the direct and indirect costs that would not have been incurred if an accident had not occurred.

What do we mean by direct costs?

Every employer must be affiliated to a workplace accident insurer to be able to compensate affected workers for the economic consequences, resulting from a workplace accident. This primarily covers compensation for medical expenses and lost wages.

Direct costs include those directly attributable to an incident. Material damage and the wage cost of affected employees are often considered the direct and total cost of workplace accidents. This assumption is incorrect as there are still numerous indirect costs, which make up the bulk of the final cost.

So what are the indirect costs?

All workplace accidents involve indirect costs. Consider the following for a moment:

  • Increase in insurance premium
  • Accident analyses (working hours + production loss)
  • Discussion of the accident (working hours + production loss)
  • Administrative follow-up (working hours)
  • Repair or replace damaged materials
  • Workshop adjustment after incidents (working hours + material)
  • Replacing personal equipment (broken clothing, PPE, etc.)
  • Putting environment back in order (working hours + production loss)
  • Wage cost (depending on employee + length of absence)
  • Medical expenses (depending on injury)
  • Image damage (customer loss, value)
  • Miscellaneous other costs

Which accidents are the most expensive for an employer?

Every accident is different and entails different costs. If we were to limit ourselves solely to the victim’s wage costs, the length of absence plays an important role. For example, the first week of absence is the most expensive for the employer. This is due to the fact that the gross salary and the employer contribution are always borne by the employer during this period.

From the 8th day to the 30th day of absence, only the gross wage costs will be borne by the employer (without employer contribution) and from day 31 the insurance will be responsible for compensating the victim.



In short, accidents involving absence from work of less than 7 calendar days are the most expensive for employers. Consequently, it is essential to focus on a proactive safety policy, where the necessary attention must be paid to using adapted work.

Relationship between safety statistics and insurance premium

An insurance premium is usually a major cost for employers. In this way, analyses of your safety statistics can predict whether you are a good student or, unfortunately, less so. If your safety figures (frequency rate and severity rate) score better than the sector average, this means a profit for the insurance company. If you can submit a better report than the sector average for several years in a row, the insurance premium can be reduced = profit for the employer.
All information regarding sector averages can be found here.

In the other case, the costs of your accidents will unfortunately be more than the value for which you are insured = loss for the insurance company. If you have had several bad years, your insurance policy will be increased = major costs for employers.

That is why it is important to focus on a proactive safety policy with attention to the added value of adapted work. Accidents without lost time have no impact on the frequency and severity of a company and therefore limit the costs for both the employer and the insurance company.

Employer obligations

The employer must take the necessary measures to manage, investigate and prevent occupational accidents.
In the event of an accident that causes at least 4 days of incapacity for work, a work accident record card must be drawn up and kept up to date for 10 years. This index card can be replaced by the form for reporting an accident at work, provided that the necessary information for the index card has been entered.
According to Article II.1-6, §1, 2°, c of the Codex, completing this information card is one of the tasks of the prevention advisor.

Learning from accidents

In the case of a workplace accident, the saying “learning by doing” does not apply. Still, it is possible to learn lessons from accidents, whether they occurred in your own workplace or elsewhere.
BeSWIC, the Belgian knowledge center on wellbeing at work, provides sheets with information about real-life accidents so that others can learn lessons from them.
Prevom can provide support by, for example, organizing toolbox meetings to make employees aware of the daily risks they face.

Discover what Prevom can do for you or visit our office. You can find all information on our website.

Looking for clarity?

How do I prevent a workplace accident? What is an workplace accident chart? Who should fill out this card? What are the consequences of a workplace accident? How do I make my employees aware of hazards?

Prevom has tailor-made solutions:
We will be happy to inform you about the possibilities!