AVOCAT NICE – EMPLOYMENT LAW
THE TELEWORKER’S ACCIDENT AT WORK
In a ruling handed down on September 02, 2024 (no. 23/00964), the Amiens Court of Appeal was called upon to rule on the question of the classification of accidents at work in the context of teleworking. This decision is all the more important as it sheds light on the protection afforded to teleworkers in the event of an accident occurring at home.
In this case, a teleworking employee fell down the stairs of his home during his lunch break. Following this incident, the employer took the initiative of declaring the accident to the Caisse Primaire d’Assurance Maladie (CPAM), classifying it as an accident at work, on the grounds that the event had a direct link with the exercise of the professional activity.
However, the CPAM refused to cover the accident, basing its decision on a restrictive interpretation of the legislation applicable to teleworkers.
According to the CPAM, an accident can only be classified as a work-related accident if it occurs during the actual performance of professional duties. In this case, the employee had informed his employer, via a time and attendance system, that he was taking his lunch break when the fall occurred. In the CPAM’s view, this break constituted an interruption in working hours, thereby excluding the accident from occupational risk legislation.
Despite this position, the Amiens Court of Appeal followed the analysis of the trial judges, ruling that the accident, although it had occurred during a lunch break, was still part of the working day.
In the Court’s view, the lunch break, even when telecommuting, constitutes a brief interruption that can be equated with actual working time. Indeed, this brief suspension of work activity does not remove the occupational nature of the accident, which remains covered by the legal provisions relating to accidents at work.
This ruling therefore sheds valuable light on the notion of teleworking time, confirming that teleworking employees benefit from extended protection, including for events occurring during short interruptions such as the lunch break.
If you have any questions concerning the protection of your rights, particularly in relation to teleworking and accidents in the workplace, Maître DAMY, a member of the Association des Avocats Praticiens en Droit Social, is at your disposal for advice and assistance. Please do not hesitate to contact us for any information or consultation you may require.
