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Commuting accident from work to home

Commuting accident from work to home

 What is the definition of a commuting accident ? Can I be compensated in the event of a commuting accident between work and home? So many questions to which we bring you the answers.

Commuting accident: definition

To find out the definition of a commuting accident , refer to Article L411-2 of the Social Security Code (1) . A commuting accident is considered an accident at work, provided that the accident occurred during the outward or return journey:

  • between the place of work and the worker's main residence, a secondary residence with a stable character or any other place where the worker usually goes for family reasons;
  • or between the workplace and the place where the worker usually takes his meals (restaurant, canteen, etc.), provided that the route has not been diverted or interrupted for personal reasons.

In both cases, you must provide proof to your employer that the accident can indeed be considered a commuting accident.

Note: the work accident occurring on the journey between the place of work and the worker's residence can also be invoked if the journey is not the most direct, provided that the detour has been made necessary within the framework of '' a regular carpool or a usual detour, to drop off your children at nursery or school, for example. Finally, if the accident takes place between the workplace and the place where you are taking training, it will be considered an accident at work.

Accident on the way to work: what to do?

Since the accident on the way to work is considered an accident at work, from the point of view of Social Security, the procedures will be similar on several points for these two situations.

Declaration of commuting accident

To report a commuting accident , you must first prove to your employer that it is indeed an accident of this type, namely that it occurred between the workplace and your residence or your usual place of catering. As with an industrial accident, you have 24 hours to inform your employer of the accident, except in certain specific situations (absolute impossibility, force majeure or legitimate reasons). You will then have to have your possible injuries noticed by a doctor, then send a medical certificate to your employer within 48 hours (2) .

As a victim, you do not have to take any other steps to report a commuting accident . It is then up to the employer to intervene. The latter has 48 hours to report the accident to your Primary Health Insurance Fund (CPAM), by means of the Cerfa Declaration of commuting or work accident (Cerfa n ° 14463 * 03) (2) . If the accident gives rise to a work stoppage, the employer must also provide the CPAM with a certificate allowing the calculation of the daily allowances to which you are entitled.

Your employer refuses to report the commuting accident ? Although he is entitled to make reservations as to the professional nature of the accident, he must make the declaration. Without this process, he is liable to a fine of a maximum amount of € 750 (for a natural person) or € 3,750 (for a legal person). In this case, you have 2 years to report the accident yourself to your CPAM, using the previously cited commuting accident form (2) .

Travel accident and care sheets

The declaration of an accident at work or commuting must be completed in 4 copies: 3 sent to the CPAM and the last must be kept for a period of 5 years (3) . 

After having ticked the "Commuting accident" box at the head of the document, the employer must indicate in particular on the declaration of an accident at work or commuting :

  • information relating to the worker's home establishment (company name, address, SIRET, etc.);
  • information relating to the victim (surname and first name, social security number, date of employment, etc.);
  • information relating to the accident (date, place, between the workplace and the home or the place of meals, etc.);
  • the identity of the witness or the first person to be notified of the accident;
  • information relating to a possible third party who was involved in the accident (3) .

The employer must also give the worker a care sheet (for the commuting or work accident ). It is about Cerfa n ° 11383 * 02 which will allow the victim to benefit from the third party payment, without advance of expenses, on all the medical expenses related to the accident at work or during the journey . You must present this document to the healthcare professionals you consult for the care received in the context of your accident. The first page of this care sheet (for commuting accident) must be completed by the employer, while the second is to be completed by health professionals in order to certify the performance of the procedures (4) .

Compensation for commuting accidents

In the event of an accident on the journey home-work or restaurant-work place, you can benefit from compensation, under conditions, from the CPAM and your employer.

Accident on the way to work: who pays?

In the event of a commuting accident between home and work or between the restaurant and work, the victim will receive in the event of a work stoppage:

  • daily allowances paid by the CPAM and the amount of which is calculated using the salary certificate sent by the employer;
  • additional compensation paid under certain conditions by the employer.

The coverage of the commuting accident is firstly provided by the CPAM in order to partially compensate for the loss of salary in the event of a work stoppage. The latter will pay social security daily allowances (IJSS), the amount of which will depend in particular on the nature of your employment contract. 

Take the example of a monthly employee. To calculate the IJSS in the event of a commuting accident , the CPAM will divide by 30.42 the amount of the gross salary received the month preceding the accident in order to obtain a reference daily salary (within the limit of 343, 07 €). The amount of daily allowances in the event of a commuting accident will then vary depending on the length of the work stoppage:

  • from the 1st to the 28th day: you receive 60% of the daily reference salary, up to a limit of € 205.84;
  • from the 29th day: you receive 80% of the reference daily salary, up to a limit of € 274.46 (5) .

Note: in the event of a work stoppage due to a work accident, the employee's employment contract is suspended, preventing his dismissal (except in the event of serious misconduct or the impossibility of maintaining the employment contract for an independent reason. of the accident) (6) . In the event of a commuting accident, the employee does not have the same protection and can therefore be dismissed. This possible dismissal will, however, have no impact on the payment of daily allowances, as long as the work stoppage is medically justified.

Employer compensation in the event of a commuting accident

If you are on sick leave, in addition to the compensation for commuting accidents paid by the CPAM, you can benefit from additional compensation from your employer. However, several conditions must be met: 

  • you are neither a home worker nor a seasonal, temporary or intermittent employee;
  • you have at least one year of seniority in the company;
  • you have submitted your medical certificate within the 48 hours allowed;
  • you receive the daily allowances from the CPAM;
  • you are being treated in France or in one of the states of the European Economic Area (EEA).

If these conditions are met, you can benefit from reimbursement of your travel accident by the employer, the amount of which will depend on the duration of the stoppage:

  • the indemnities correspond to 90% of the gross remuneration (which you would have received if you had worked) during the first 30 days of stoppage;
  • and 66.66% for the next 30 days (5) .

Note, however, that the duration of the employer's compensation in the event of a commuting accident will depend on your length of service with the company. If it is at least 60 days, it can reach 180 days if you have more than 31 years of seniority (5) . Finally, note that a collective agreement, an agreement or your employment contract may provide for more advantageous compensation conditions. In any case, it may be wise to take out insurance. His role ? May grant you compensation, in addition to your salary maintenance in the event of sick leave or work stoppage. 

Commuting accident: what waiting period?

There is no waiting day in the event of a commuting accident . In other words, the CPAM and your employer pay you daily allowances from the first day of work stoppage, without a waiting period.

There is also no waiting period following a commuting accident on the day of your accident. In fact, your employer must pay you for your entire working day on the day the accident occurs (5) .

Compensation for the car in the event of a road accident

As regards the compensation of the car in the event of a road accident, the company's insurance may intervene if the vehicle is insured in its name (7) . If the employee uses his own vehicle, everything will depend on the guarantees provided for in the contract and the use of the vehicle that he has declared.

Commuting accident and loss of salary: solutions?

Despite compensation from the CPAM and the employer, the commuting accident can cause a more or less significant loss of wages . 

Like Macif, Personal Accident Guarantee insurance can be involved and, in certain cases, provide compensation in the event of a bodily injury to the driver on the way home to work. This compensation can consist of an annual disability pension (less compensation paid by the basic plan), an education pension in the event of death and the payment of a lump sum to your spouse (7) .

In certain cases, the Death Guarantee contract is also likely to pay you daily allowances if you are on sick leave (7) .

Macif death and disability insurance

A commuting accident can have serious consequences. To be protected, you can take out disability death insurance, such as the Death Benefit Guarantee contract offered by Macif. Thanks to it, you have the choice between two formulas to be covered.

  • Essential Formula: you can benefit from the payment of a lump sum of € 15,000 to € 24,999 at most, in the event of death or total and irreversible loss of autonomy (PTIA) (7) ;
  • Tailor-made guarantees: you can benefit from the payment of a lump sum capital of € 25,000 to € 762,000 at most, in the event of death or PTIA, with the possibility of doubling the amount of this capital in the event of an accident, in particular distance (7) .