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Work Accident:
A work accident is an incident that occurs during the course of work, characterized by a sudden and violent event taking place at the time and location of work.
1.1. Bodily Injury: One essential condition to classify an accident as a work accident is the occurrence of bodily injury. It involves physical harm or injury sustained by the employee as a result of the accident.
1.2. Private Law Employment Contract: Regardless of the specific terms, having a private law employment contract is another crucial requirement for an accident to be classified as a work accident. This encompasses situations where the employee is engaged in an employment relationship governed by a private contract.
1.3. Nature of the Accident: The nature of the accident must meet the criteria mentioned above. If the event does not meet the conditions of suddenness, violence, and occurrence at the workplace, it may not be considered a work accident.
Once these conditions are met, the injured employee benefits from a presumption of responsibility on the part of the employer for workplace accidents. If the social security authority doubts the validity of the employee’s declarations, it is responsible for providing evidence to contradict the employee’s claims.
Commuting Accident:
A commuting accident occurs when an employee sustains an injury during their normal commute between their place of residence and their workplace, or even between their workplace and their usual meal location.
If an accident happens outside the employee’s regular commuting route, it may not be automatically classified as a commuting accident. The specific circumstances and factors surrounding the incident would need to be assessed to determine its nature.
It’s important to note that the criteria for classifying an accident as a work or commuting accident may vary depending on the jurisdiction and applicable laws. Consulting relevant legal resources and seeking professional advice specific to your location can provide accurate and detailed information on the conditions and circumstances that apply in your situation.
