Occupational accident, commuting accident : definitions
The définition of occupational accident and commuting accident is given by the article L.411 of French social security code.
An accident at work is a fortuitous event causing bodily harm that is usually easily observable. It is also something that has happened at a specific time and a known place. Therefore the linkage between the personal injury sustained and the event that produced it is most often easy to demonstrate.
There is necessary an accidental fact at the origin of a sure, physical or psychic lesion.
Since 2003, the psychic damage are likened to physical damage. It is possible to realize an accident claim of the work in case of moral suffering moral harassment connected to the work. The accidental fact is a violent and sudden action, of an outside cause, which on the occasion of the work, is at the origin of a physical or psychic lesion.
The criterion of suddenness distinguishes the occupational accident of the occupational disease, which is characterized on the contrary, by its slow and evolutive character.
If the sudden lesion has an origin and a sure date, there is accident. It is necessary to highlight a precise fact arisen suddenly, in the courseor on the occasion of the work (Cass. Soc.24 Soc.24/04/69 04). Any incident which happens at the workplace must be declared : the French Social Security will make then its investigations, the physician of the Social security will appreciate if the noticed lesion is attributable in the accidental event. An Occupational accident is an accident arisen to an employee while it is subjected to the authority of his employer, consequently, can be recognized by the arisen accidents while an employee is in professional journey, or appointment at a customer, etc.
Any accident is considered as commmuting accident if it happens :
- between the main home and the workplace,
- between the workplace and the place where the employee usually have lunch.