Reporting an accident at work / a commuting accident

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Except in exceptional and duly justified circumstances, an insured person who suffers an accident at work or a commuting accident must immediately notify their employer (or their representative) in order to be eligible for certain benefits, such as pensions and indemnities or compensation for damage to motor vehicles.

Who is concerned?

All persons exercising a professional activity insured in Luxembourg and who are victims of a work-related accident.

Prerequisites

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.

Commuting accident

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.

Note that the route is covered "door-to-door", i.e. from the moment the insured person leaves home to the moment he enters his workplace.

Deadlines

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

Declaration

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).

Declarants are invited to consult our tutorial regarding the use of PDF forms.

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:

If the insured dies as a result of a recognised work accident, rightful claimants may apply for the following benefits:

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

  • Accident Insurance Association

    Address:
    4, rue Mercier L-2144 Luxembourg Luxembourg
    L-2976 Luxembourg

    Desk opening hours (with or without booking an appointment via MyGuichet.lu):

    Closed ⋅ Opens tomorrow at 8.00
    Tuesday:
    8.00 to 12.00
    Wednesday:
    8.00 to 12.00
    Thursday:
    8.00 to 12.00
    Friday:
    8.00 to 12.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00

Related procedures and links

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