Summary
What is a commuting accident?
Compensated under the same conditions as an accident at work, the commuting accident must occur during the journey – outward or return – of the employee between:
- his home and place of work;
- his place of work and where he takes his meals (restaurant, canteen).
The only conditions: the route must not be interrupted or diverted, and it must be carried out at the usual hours of the employee which correspond to the requirements of the job he holds. Clearly, a jog after work or an appointment with the nail salon are not considered commuting accidents.
On the other hand, damage occurring during a detour or an interruption of work are qualified as a commuting accident if, and only if they are motivated by:
- the necessities of everyday life (food purchases, medical care, administrative procedures, accompanying a child to school);
- the necessities of the job (retrieving work clothes, dropping off a colleague as part of a regular carpool).
To note : An accident occurring on the way to a professional meeting (with a client, a supplier, etc.) is considered a work accident. The commuting accident is in fact only accepted when the relationship of subordination is broken between the employee and his employer.
Formalities to be completed in the context of a commuting accident
They are in all respects identical to those to be carried out in the event of an accident at work. The employer who does not carry out these formalities is liable to financial penalties.
The employee must declare the accident to his employer within 24 hours. The employer must then complete a Cerfa form, available from the Primary Health Insurance Fund (CPAM) and send it by registered letter with acknowledgment of receipt within 48 hours.
This declaration must include the precise circumstances of the accident: location, nature of the injuries, any witnesses, etc.
Employer liability
Vis-à-vis his employees, the head of the company is subject to a safety bond. As such, he must take all necessary preventive measures. When a commuting accident occurs, its criminal liability may thus be engaged in the event of lack of maintenance of the vehicle possibly made available to its employee, in the event of excessive work overload or lack of break time.
To know : the employee who must use a company vehicle can exercise his right of withdrawal, and refuse to take the wheel (or the handlebars), if he considers that it is defective and that he puts his health and / or his life in danger.
Lack of employee protection
Unlike those injured at work, the employee who is the victim of a commuting accident does not benefit from special protection. However, in accordance with common law, the employer cannot sanction or dismiss the person concerned for a reason relating to his state of health.
When the commuting accident necessitates a stoppage of work for a maximum of 8 days, the employee must pass a medical examination by the Occupational Medicine (within a maximum period of 8 days). This visit makes it possible to assess the employee’s ability to return to work. Here again, unlike an accident at work, an employee declared unfit is not entitled to seek redeployment within the company.