Citation

Margraff A, Graser M, Manaouil C. Arch. Mal. Prof. Med. Environ. 2006; 67(3): 513-520.

Copyright

(Copyright © 2006, Elsevier Publishing)

DOI

10.1016/S1775-8785(06)70391-5

PMID

unavailable

Abstract

According to article L. 411-1 of the code of Social Security (CSS): "is considered as occupational accident, whatever the cause, an accident having occurred by the fact or on the occasion of work to any wage-earning or working person, upon whatever grounds, for one or several employers or managers." The employee (or his (her) beneficiaries in the event of death) has to demonstrate that the accident took place during working hours and at the work place but he does not have to demonstrate the link of causality between work and the accident. In case of disagreement, it falls to the employer or to the fund to demonstrate that work did not play any role in the occurrence of the accident. In case of suicide, the CPAM can look for the deliberate fault of the employee because according to article L. 453-1 of the CSS: "an accident resulting from the deliberate fault of the victim does not give place to any allowance or compensation". The stakes in such a question are not negligible. The fact of qualifying a suicide at work as industrial accident entails financial consequences. For the employee, or in this particular case his (her) beneficiaries, the main consequence is to benefit from the coverage of death in accordance with the legislation on occupational accidents. For the employer, the main consequence is to integrate this accident among the industrial accidents of his company, which could lead to modify the fixing of the contribution for industrial accidents which is applicable to him (her), according to the size of the company. Thus, it seems indispensable to recall the notion of occupational accident. With this aim, we shall study the jurisprudence on the subject, and the difficulties for the judges to retain such a qualification. © Masson, 2006.

Language: fr

Keywords

human; suicide; Suicide; law; jurisprudence; review; workplace; victim; work environment; occupational accident; Jurisprudence; employee; compensation; employer; Deliberate fault; Imputability; Industrial accident