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The evolution of work practices has required an update to the laws governing smart working. Work injury in smart working has become a growing concern as remote work continues to rise. Employers must ensure that legal protections and coverage are in place.
This form of work, as defined by the Ministry of Labor, is a mode of carrying out the employment relationship aimed at improving competitiveness and fostering a better work-life balance. Smart working is based on an agreement between the employer and the employee and does not impose rigid constraints on working hours and locations, as long as the daily and weekly limits set by law are respected.
The work can be performed partly at the company premises and partly remotely, or entirely from a location chosen freely by the employee.
🛡️ Injury in Smart Working: What Protections Are Guaranteed?
Even if the employee works outside the company, the employer remains responsible for ensuring the employee’s health and safety, just as for workers performing tasks on-site.
Article 2087 of the Civil Code requires the employer to adopt all necessary measures to protect the physical integrity of workers according to the nature of the work performed.
In case of a work-related injury, understood as harm caused by a violent event occurring during the performance of work activities, protection is still guaranteed under smart working arrangements.
INAIL, with Circular No. 48/2017, has equated remote workers with traditional workers, although it has not precisely defined the boundaries of the employer’s responsibility outside company premises.
Given the impossibility of directly monitoring the places chosen by employees to work, verifying the eligibility for compensation requires careful analysis to confirm that the activity at the time of the incident was directly related to the work.
⚖️ Smart Working and Case Law: Recent Trends
Italian case law on work injuries in smart working is still developing. However, recent rulings show promising developments.
The Court of Milan, in ruling No. 3645/2024, recognized the right to compensation for a smart-working employee who was injured during personal time when going to pick up her child from school. Referring to Article 23 of Law 81/2017, the judges reaffirmed that remote workers are entitled to insurance coverage even for injuries that occur during commuting, i.e., while traveling between home and the chosen work location.
Outside of commuting-related injuries, case law is less clear. However, INAIL has already recognized protection in several cases of remote workers injured while working from home.
In particular, referring to Article 12 of Legislative Decree No. 38/2000, it has been recognized that interruptions or alterations to normal daily activities closely linked to the work activity can qualify as a work-related injury.
A practical example: A remote worker received compensation after falling at home during a work call with a colleague.
đź“‹ Conclusions: The Future of Protection in Smart Working
The issue of protection for injuries in smart working remains particularly complex and dependent on a case-by-case analysis. It is essential to assess the relevance of the event to the work performed in order to determine the right to insurance protection.
With the growth of remote work, it is becoming increasingly urgent to update the regulatory framework to provide greater certainty for both workers and employers and to make the system more suitable for the needs of the modern market.
