Last updated more than 5 years ago
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 an injury 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 or her;
- a relationship of subordination with respect to the employer.
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 (Association d'assurance accident - AAA) refuses to compensate the accident, the AAA will have to prove that the damage has an origin unrelated to work.
The insured person is the victim a commuting accident if it occurs:
- between his usual place of residence and the place of work, either way;
- between the place of work and the place where the insured person usually takes his meals (e.g.: 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 covers:
- 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 employees (private and public sector);
- self-employed persons engaging in a craft or commercial activity, or exercising a liberal profession;
- self-employed persons carrying out an agricultural, viticultural, horticultural or forestry activity;
- the beneficiary of the full unemployment allowance who is involved in an accident while on their way to the National Employment Agency (Agence pour le développement de l'emploi).
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 / commuting accident;
- benefits in cash in the event of total incapacity for work, for the first 78 weeks, corresponding to the payment of the insured party's salary and other benefits during the period of incapacity for work;
- payment of a:
- full annuity in the event of total incapacity for work, provided the insured is not entitled to sickness benefits, or if the right to sickness benefits has expired;
- partial annuity in the event of partial incapacity for work with loss of salary;
- waiting-period allowance in the event of an external job redeployment;
- compensation for non-patrimonial damages.
If the insured dies as a result of a recognised 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 à la déclaration d'accident du travail / de trajet
Erläuterungen zur Arbeitsunfallanzeige/Wegeunfallanzeige