An accident suffered by an officer on his property, even though he had placed his vehicle on the public highway in preparation for his departure to his place of work, does not constitute an accident on duty. This is what the Conseil d’État has just recalled in its judgment of 12 February 2021.
To be characterized as an accident occurring in the performance of the duties of a public official, the accident must meet certain criteria. First, the accident must occur on the usual route between the place where his work is carried out and his residence. Second, it must occur during the normal time to perform it.
One officer, while preparing to leave for work, was the victim of an accident that resulted in a permanent disability of 15%. He had pulled his vehicle out onto the street and then returned to his property to close the door of his garage. The accident occurred while he was again inside his property and the Council of State cannot therefore regard it as an accident on duty, considering that the journey from his home to his place of work had not yet begun.
For example, the journey from home to work must have begun before a service accident can be recognized.
