The Law of 3 October 2022, containing various labour provisions, already stipulated that platform operators had to take out insurance against workplace accidents for platform workers, qualified as self-employed under employment relations legislation and carrying out remunerated activities via a digital platform, must be taken out. However, a Royal Decree was needed to implement these provisions, which has now been done. The main points of the royal decree of 12 August 2024, are discussed in this newsflash.
Signing an insurance contract
The decree specifies the minimum guarantee conditions that the insurance contract must meet and lists the compulsory information to be included in the contract. It also stipulates that the contract will be considered null and void if it contravenes the prescribed provisions.
Finally, the decree allows insurance companies to draw up framework contracts, provided that the minimum guarantees are met.
Workers covered
The scope of the law on industrial injuries, which applies to salaried workers, is based on the de facto situation: as soon as a person performs remunerated services for another person, under their authority, they are covered, regardless of the existence or validity of a contract or the regularity of their status.
The same applies to the protection of self-employed platform workers As soon as a person provides remunerated services on behalf of an ordering digital platform outside a relationship of authority and is not bound by a statute, he or she must benefit from protection against injuries.
In practice, this means that a person who uses a third party's account to provide services must be covered by the insurance policy taken out by the platform operator, even if they do not have a direct contractual relationship with the ordering digital platform.
Accidents giving rise to entitlement to compensation
The Law of 3 October 2022 stipulates that the purpose of compulsory insurance is "to cover bodily injury caused by" an accident. Bodily injury can result in either economic damage (costs incurred, loss of earnings, etc.) or 'material' damage, in this case as opposed to 'moral' damage. Bodily injury therefore covers all the negative consequences of an injury to physical or mental integrity, including death and loss of earning capacity. The law opens the right to the same level of cover as salaried workers.
As part of the implementation of this protection, the Royal Decree deals with compensation in various circumstances, ranging from fatal accidents with a pension for certain family members to compensation for incapacity for work or care required as a result of the accident. Most of the provisions are identical to those for salaried workers.
Determining the basic income and how compensation is paid
The Royal Decree proposes to proceed with a flat-rate basic income – EUR 36,839.45 – based on the primary incapacity benefit for a single self-employed person under the statutory compulsory sickness-disability insurance scheme. The text also stipulates that the basic income, compensation and pensions will be linked to the consumer price index. It specifies the deadlines and procedures for payment of costs, interest and compensation.
The Fund for accidents at work for self-employed workers of ordering digital platforms
If the platform operator does not take out compulsory insurance or does not comply with its obligations, a worker who has suffered an accident at work may, under certain conditions, claim compensation from the Fund. The Fund is authorised to pay compensation in the same way as the insurer or the platform operator would have done.
The platform operator remains liable
Even if the platform operator does not take out insurance and the victim obtains payment through the Fund, the operator remains liable for the costs. In the same way as under the scheme applicable to salaried workers, the Fund may recover the sums paid to the victim from the platform operator.
Procedural aspects
With regard to the compensation procedure, litigation, recourse action and review, the decree incorporates the provisions of the law on industrial injuries.
Entry into force
The Royal Decree was published in the Belgian State Gazette on 4 September 2024. It comes into force on 1 January 2026, with the exception of the provision relating to the revaluation allowance, which is scheduled to come into force on 1 January 2031.
Action point
The date of entry into force of this legislation, set at 1 January 2026, gives insurers and platform operators the time they need to put this compulsory insurance in place. Some platforms already offer cover, but it is currently less extensive than that provided for in the Royal Decree of 12 August 2024.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.