{"id":2697,"date":"2014-05-01T22:29:12","date_gmt":"2014-05-01T21:29:12","guid":{"rendered":"http:\/\/www.atousante.org\/?p=2697"},"modified":"2018-02-19T09:29:46","modified_gmt":"2018-02-19T07:29:46","slug":"occupational-accident-commuting-definition","status":"publish","type":"post","link":"https:\/\/www.atousante.com\/en\/occupational-accident-commuting-definition\/","title":{"rendered":"Occupational accident, commuting accident : definitions"},"content":{"rendered":"

The d\u00e9finition of occupational accident and commuting accident is given by the article L.411<\/a> of French social security code.<\/p><\/blockquote>\n

Occupational accident<\/a>
\nCommuting accident<\/a><\/p>\n

 <\/p>\n

<\/a>Occupational accident<\/h3>\n

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 \u00a0is most often easy to demonstrate.<\/p>\n

There is necessary an accidental fact at the origin of a sure, physical or psychic lesion.<\/p>\n

Since 2003, the psychic damage<\/strong> are likened to physical damage<\/strong>. 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.<\/p>\n

The criterion of suddenness<\/strong> distinguishes the occupational accident<\/strong> of the occupational disease<\/a>, which is characterized on the contrary, by its slow and evolutive character.<\/p>\n

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)<\/a>. Any incident which happens at the workplace must be declared : the French Social Security will make then its investigations, \u00a0the physician of the Social security will appreciate if the noticed lesion is attributable in the accidental event. An Occupational accident<\/strong> 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<\/strong>, or appointment at a customer,<\/strong> etc.<\/p>\n

 <\/p>\n

<\/a>Commuting accident<\/h3>\n

Any accident is considered as commmuting accident if it happens \u00a0:<\/p>\n

    \n
  • between the main home and the workplace,<\/li>\n
  • between the workplace and the place where the employee usually have lunch.<\/li>\n<\/ul>\n