Employer Civil Liability for Occupational Accidents in the Telework Regime

Abstract

The spread of digital technologies and remote work has improved flexibility and productivity while shifting occupational risks to private, home-based environments—challenging traditional tort and labor-liability frameworks. This article analyzes employer liability for work-related accidents and occupational diseases in telework, emphasizing prevention duties (Brazilian CLT arts. 157 and 75-E), contractual allocation of equipment and infrastructure (art. 75-D), time management and rest, and the classic elements of liability (conduct, damage, causation). Using a hypothetical-deductive method with bibliographic and documentary research, the paper engages with constitutional, labor, civil, and social-security law. It argues that relocating work to the home does not release employers from organizing safe work, providing instructions, and monitoring compliance, nor from bearing entrepreneurial risk. It further shows that causation in remote settings is built from digital evidence (logs, policies, access records), which supports dynamic allocation of the burden of proof. The article concludes by proposing a telework-specific prevention program, grounded in ergonomic assessment, structured communication protocols, contact limits, and minimum evidentiary documentation, as a condition to reduce litigation and protect workers’ health.