Who is concernedAll persons exercising a professional activity insured in Luxembourg and who are victims of a work-related accident.
For the accident to be covered, it must:
- happen while a professional activity is being carried out;
- cause bodily injuries and/or damage to a vehicle.
The insured person must have suffered an accident during the execution of the employment contract, i.e. in:
- the framework of the activity of the company that employs him;
- a relationship of subordination with respect to the employer.
Please note that if the accident occurred during working hours and at the workplace, this accident is presumed to be attributable to the professional activity.
If the cause of the accident is unknown and the Accident Insurance Association (AAA) refuses to compensate for the accident, the AAA will have to prove that the origin of the damage is not related to work.
The insured person is the victim of a commuting accident if it occurs:
- between his usual place of residence and his place of work, both on the outbound and the return journey;
- between the place of work and the place where the insured person usually takes his meals (example: canteen, restaurant);
- 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;
- detours made and made necessary in the context 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;
- accidents occurring on journeys which are interrupted or where a detour is made for reasons that are personal and have nothing to do with the essential necessities of daily life, or that are not related to the insured activity.
The declaration must be presented within one year on risk of forfeiture of the right to compensation.
This period begins on the day after the occurrence of the accident.
How to proceed
Accidents are to be declared by:
- employers or their representatives, for accidents involving their salaried employees (private and public sector);
- self-employed persons carrying out a craft activity, a commercial activity or a liberal profession;
- self-employed persons carrying out an agricultural, viticultural, horticultural or forestry activity;
- beneficiaries of full unemployment benefits who have an accident on their way to the National Employment Agency (ADEM).
Benefits for work and commuting accidents
All insured persons whose work or commuting accident is covered by the AAA may be entitled to 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 / a commuting accident;
- benefits in cash in the event of total work incapacity, for the first 52 weeks, corresponding to the payment of the insured party's salary and other benefits during the period of work incapacity;
- payment of:
- a full pension in the event of total work incapacity, if the insured person is not entitled to sickness benefits, or if the right to sickness benefits has expired;
- a partial pension in the event of partial work incapacity with loss of salary;
- a professional waiting pension in the event of external redeployment;
- compensation for non-patrimonial damages.
If the insured dies as a result of a recognized work accident, rightful claimants may apply for the following benefits:
Interested parties have several means of appeal at their disposal to assert their rights.
Forms / Online services
Instructions relating to the declaration of an accident at work/a commuting accident
Instructions relatives aux déclarations d’accident / de trajet
Erläuterungen zur Arbeitsunfallanzeige/Wegeunfallanzeige