Human Resources

Accident at work The accident occurring outside hours or at the place of telework shall not be presumed to be a

Publié le null - Legal and Administrative Information Directorate (Prime Minister)

When an accident occurs outside the declared hours or place of telework, the employee must prove that the accident occurred in the course of his professional activity. This is apparent from two judgments delivered by the Saint-Denis de la Réunion and Amiens Courts of Appeal on 4 May and 15 June 2023.

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Image 1Crédits: Andrey Popov -

The first case concerns an employee who was teleworking in an office in the basement of her home. She fell and fractured her elbow within a minute of completing her day’s work. The same day, she reported her accident to her employer. Accident at work Thus, the employee requests the management of her accident as a

Accident at work The Cour d’appel d’Amiens dismisses the employee’s application and considers that the presumption that this incident constitutes a She noted that the employee could not prove that the accident had occurred because of or in connection with the work, since she had already completed her end-of-day score when the accident occurred. As a result, she was no longer under the authority of her employer. It is therefore up to the employee to prove the link with the work in order for his accident to be taken care of by his employer.

The second case concerns a telework worker who, after losing his Internet connection, went out onto the public highway to talk to the driver of the truck who had just hit the telephone panel allowing him to have the Internet. A second vehicle again pulled on the extended cables so that the pole fell on the employee. Accident at work The latter seeks recognition for a child on the ground that he had left for the purposes of his professional activity and that the incident had occurred at his place of work and in the context of the performance of his employment contract.

The Cour d’appel de Saint-Denis de la Réunion rejected the employee’s application because the incident occurred outside the workplace. It considers that, by leaving the public road, the employee interrupted his assignment for a personal reason and was no longer under the authority of his employer. Moreover, no obligation was placed on him by his employer "to find the origin of the breakdown or to provide useful information to the telephone operator".

Thus, those two judgments state that the accident which occurred outside the declared hours or place of telework is not accident at work not presumed to be. The employee must therefore demonstrate that there is a link between his accident and his work. Accident at work Otherwise, the applicant will not be selected.