Reporting an accident at work / a commuting accident
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Except in duly substantiated exceptional circumstances, an insured person who is the victim of an accident at work or commuting accident must notify their employer (or the employer's representative) immediately in order to be entitled to certain benefits, such as:
- annuities and allowances;
- compensation for material damages to a vehicle.
The employer must report the accident to the Accident Insurance Association. This declaration can be made online via MyGuichet.lu.
Who is concerned
Anyone who:
- carries out an insured professional activity in Luxembourg; and
- has been involved in an accident.
Prerequisites
Work-related accident
For the accident to be covered, it must:
- happen while a professional activity is being carried out;
- cause a bodily 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.
Please note that if the accident occurred during working hours and at the workplace, this accident is presumed to be attributable to the insured professional activity.
If the cause of the accident is unknown and the Accident Insurance Association (AAA) refuses to cover the accident, then the AAA must prove that the damage had an origin unrelated to work.
Commuting accident
The insured person is the victim a commuting accident if it occurs:
- on the outward or return journey between:
- their usual place of residence, i.e. their main residence, their regularly used secondary residence or any other place where the insured person usually goes for family reasons; and
- their place of work;
- their usual place of residence, i.e. their main residence, their regularly used secondary residence or any other place where the insured person usually goes for family reasons; and
- between the place of work and the place where the insured person usually takes their meals (e.g.: canteen, restaurant);
- on their usual and most direct route.
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;
- the detours made necessary as part of regular carpooling. Detours must be justified and reasonable.
The insured person will not be covered if the accident occurs:
- due to their own gross misconduct.
Example: violations of the highway code;
- during a journey that is interrupted or diverted for a reason dictated by personal interests unrelated to the essential necessities of everyday life or independent of the insured activity.
Note that the route is covered 'door-to-door', i.e. from the moment the insured person leaves home to the moment they enter their workplace.
Deadlines
Except in exceptional circumstances, any insured person who is the victim of an accident at work or during their commute must immediately inform their employer or their employer's representative.
The declaration must be sent as soon as possible.
If no declaration is sent to the AAA, the victim of an accident may lodge a claim with the AAA within one year of the day after the accident.
How to proceed
Declaration
Declarants
Accidents must 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;
- beneficiaries of the full unemployment allowance who are involved in an accident while on their way to the National Employment Agency.
Submission of the declaration
The declaration can be submitted:
- online via MyGuichet.lu. This procedure requires authentication; or
- via a PDF form to be sent to the AAA:
- by email to declaration.aaa@secu.lu; or
- by fax to (+352) 49 53 35; or
- by post to:
Association d'assurance accident
L-2976 Luxembourg
The declaration must contain all the required information.
Complaint
If a declaration is not sent to the AAA, the victim of the accident may file a claim with the AAA.
Before reaching a decision, the AAA requests a statement of position from the person who was required to file the accident report.
Benefits for workplace 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 or a 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:
- payment of a survivor's pension;
- payment of a compensation for non-pecuniary damages.
Appeal
Interested parties have several means of appeal at their disposal to assert their rights.
Online services and forms
Who to contact
-
Accident Insurance Association (AAA)
- Address:
-
4, rue Mercier
L-2144
Luxembourg
Luxembourg
L-2976 Luxembourg
- Phone:
- (+352) 26 19 15 1
- Website:
- http://www.aaa.lu
Desk opening hours (with or without booking an appointment via MyGuichet.lu):
Closed ⋅ Opens Monday at 8.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00
- Tuesday:
- 8.00 to 12.00
- Wednesday:
- 8.00 to 12.00
- Thursday:
- 8.00 to 12.00
- Friday:
- 8.00 to 12.00
-
Accident Insurance Association (AAA) Benefits department
- Address:
- Phone:
- (+352) 261915 2000
- Fax:
- (+352) 49 53 35
- Email address:
- prestations.aaa@secu.lu
Closed ⋅ Opens Monday à 9h00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 9h00 à 11h30, 13h30 à 16h00
- Tuesday:
- 9h00 à 11h30, 13h30 à 16h00
- Wednesday:
- 9h00 à 11h30, 13h30 à 16h00
- Thursday:
- 9h00 à 11h30, 13h30 à 16h00
- Friday:
- 9h00 à 11h30, 13h30 à 16h00
Related procedures and links
Procedures
Links
Further information
-
Accident du travail / de trajet
sur le site de l'Association d'assurance accident (AAA)
-
Prestations / Cotisations
sur le site de l'Association d'assurance accident (AAA)
Legal references
- Code de la sécurité sociale - Livre II
-
Règlement grand-ducal modifié du 17 décembre 2010
déterminant la procédure de déclaration des accidents et précisant la prise en charge de certaines prestations par l'assurance accident
