The mayor (bourgmestre), the principal in charge of the establishment or, failing that, one of their delegates or the representative of the Luxembourg body must declare any accident which:
- occurred in an early education establishment, a preschool, school or a university, including during extracurricular activities;
- concerns a schoolchild, pupil or student.
Schoolchildren, pupils or students who reside in Luxembourg but attend an early education establishment, a preschool, school or university abroad are also covered by the Accident Insurance Association (Association d'assurance accident - AAA) against school accidents.
Except in exceptional and duly justified circumstances, an insured person who suffers a school accident must immediately notify a member of staff who organised or supervised the insured activity.
Who is concernedSchoolchildren, pupils or students who are accident victims in an early education establishment, a preschool, school or university, including during extracurricular activities.
School or extracurricular accident
A school accident is an accident occurring as a result of the insured activity or during said activity. For the costs of a school accident to be covered, the insured party must have been the victim of an accident resulting in bodily injuries and/or damage to the vehicle and which occurred while performing an insured activity.
If the accident occurred at the time and place of the insured activity, the accident is presumed to be attributable to this activity. In this context, if the cause of the accident is unknown, the Accident Insurance Association (AAA) has to bring evidence proving that the origin of the damage is totally unrelated to the insured activity to refuse coverage.
For the accident to be covered it must:
- occur during an insured activity;
- cause bodily injuries and/or damage to a vehicle.
If the accident occurred while performing the insured activity, the accident is presumed to be attributable to this activity.
If the cause of the accident is unknown, the AAA will have to prove that the origin of the damage is totally unrelated to the insured activity to refuse coverage.
The insured person is the victim of a commuting accident if it occurs:
- between his usual place of residence and the educational establishment or place of extracurricular activity, be it on the outbound or the return journey;
- between the educational establishment or the location of the extracurricular activity and the place where the insured person usually has a meal;
- on the usual and most direct route.
The usual place of residence includes:
- the main residence;
- a regularly used secondary residence.
By extension, the usual route includes:
- detours made to drop off or pick up a child, who is living in the concerned person's household, at the place where a third party is caring for the child while the person concerned is at work;
- necessary detours in the context of carpooling. Detours must be justified and reasonable.
The insured person will not be compensated if the accident occurs:
- through gross negligence.
Example: violation of traffic laws;
- during a trip interrupted or diverted for reasons dictated by personal interest and independently of the insured activity.
By extension, schoolchildren, pupils or students are also covered in the canteen under Grand Ducal Regulation of 17 December 2010 on accident insurance within the framework of early, preschool, school and university education.
Note that the journey is insured from "door to door", that is to say, from the moment the person leaves their home until they enter the school building.
It should be noted that pupils and students benefit from compensation for material damage to a motor vehicle only if they have not been able to use public transport for serious reasons beyond their control.
The declaration must be presented within one year on risk of forfeiture of the right to compensation.
The 1-year period begins on the day after the occurrence of the accident.
How to proceed
Accidents are to be declared by:
- the mayor (bourgmestre) or the principal of an educational establishment, or their delegate (depending on whether it is a primary school or another type of establishment), for accidents involving schoolchildren, pupils or students in an educational establishment in Luxembourg;
- the representative of the Luxembourg body organising an activity, when the accident occurs during an extracurricular activity at the pre-school, primary-/secondary-school, or university;
- the responsible person (or his representative) of the department, administration, institution or association that organised the activity.
Benefits related to school / extracurricular accidents
If the accident is covered by the AAA, the interested party can claim the following benefits:
- compensation for material damages to motor vehicles;
- compensation for incidental damages to property;
- compensation for damages to dental crowns, prostheses, orthoses or epitheses which the insured was wearing/carrying at the moment of the accident;
- coverage of:
- benefits in kind consisting in the coverage of health care expenses related to an accident at work / commuting accident;
- benefits in cash in the event of total work incapacity, for the first 78 weeks, and corresponding to the payment of the insured party's salary and other benefits during the period of work incapacity;
- benefit from:
If the insured person dies as a result of a recognised school accident, rightful claimants may apply for the following benefits:
Interested parties have several means of appeal at their disposal to assert their rights.