Work-related and commuting accidents

This page was last modified on 11-04-2017

This page is currently being updated.

When a salaried worker is the victim of a work-related or commuting accident, his employer must declare the accident to the Accident Insurance Association (Association d’Assurance Accident - AAA).

In the event of a serious accident, the employer must immediately report it to the Inspectorate of Labour and Mines (Inspection du Travail et des Mines - ITM).

The insured party, depending on the circumstances, may be eligible for the following:

  • benefits in kind (covering healthcare costs attributed to a work-related / commuting accident and covering the repair costs of material damage);
  • benefits in cash in the event of total incapacity for work (sick leave) during the first 52 weeks (salary reimbursement and other advantages);
  • full allowance in the event of total incapacity for work of more than 52 weeks (in the absence or on expiry of sickness benefits);
  • partial allowance in the event of partial incapacity for work with a loss of salary;
  • waiting period allowance in the event of professional retraining;
  • compensation for non-patrimonial damages.

Forms / Online services

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Who is concerned

Employers are required to declare all work-related or commuting accident involving their employees (from the private or public sector) to the AAA. They can also delegate these duties to the safety officer (travailleur désigné);

All other other persons insured with the AAA are also concerned, i.e.:

  • self-employed persons carrying out a craft, commercial or liberal activity;
  • self-employed persons carrying out an agricultural, viticultural, horticultural or forestry activity;
  • the manager (or his representative) of the administration, institution or association who planned the activity.
    Example: if the beneficiary of full unemployment benefits is involved in an accident on his way to the National Employment Agency (Agence pour le développement de l'emploi - ADEM) or to a job interview, the National Employment Agency must report the accident.

Note that every salaried worker, including the temporary agency worker, is covered by mandatory insurance against work-related and commuting accidents.

The cross-border salaried worker who is the victim of a commuting accident in his country of residence is also covered by the Luxembourg regulations on commuting accidents.

Prerequisites

Work-related accident on public roads

A work-related accident is an accident which occurs as a result of work or during work.

The accident must fall under the insured accidents type, and occur when performing work within the scope of the employment contract, i.e.:
  • the salaried worker must be performing a work-related activity for the business which employs him;
  • the salaried worker is in a hierarchical relationship with his employer.

If the accident happens during working hours and in the workplace, the accident is deemed to be work-related. In this context, if the cause of the accident is unknown, the AAA must provide proof that the damage caused is not work-related if they refuse to cover for the damages caused by the accident.

The work-related accident is characterised by:

  • a sudden action;
  • an external cause;
  • a bodily injury.

Commuting accident

A commuting accident is an accident which occurs during the salaried worker's normal and direct journey between his home and his workplace and back again.

The insured person benefits from door-to-door cover, i.e. from the moment the insured person leaves home.

The following journeys are necessarily included:

  • between the main residence, secondary stable residence or any other location where the insured party goes on a regular basis for family reasons, and the workplace;
    Example: the journey between the insured person's workplace and a location where he regularly takes his children (e.g. school).
  • between the workplace and the restaurant/canteen/place where the insured party regularly goes for lunch.

The route does not necessarily have to be:

  • the shortest one;
  • the fastest one;
  • the most relaxing or least dangerous one.
A detour must be justified and within reasonable limits.
Example
: regular car-sharing or detour to the crèche/school.

However, the following types of accident are not covered:

  • accidents caused by the worker due to gross misconduct;
    Example
    : speeding, drunk driving, etc.;
  • accidents which occurred during an interrupted journey or a detour taken for personal reasons and not in keeping with the essential necessities of daily life or independent of the insured party's activity.

How to proceed

Declaration of a work-related/commuting accident

Employers must declare the accident:

  • whether it is a work-related or commuting accident;
  • even if the accident did not result in an incapacity for work
  • if the accident caused material damage to the vehicle and nobody was injured.

Unless there are exceptional circumstances, all salaried workers who are the victim of a work-related or commuting accident must immediately inform their employer.

The employer must:

  • submit a work-related/commuting accident declaration to the AAA:
    • immediately, if the accident did not result in a sick leave;
    • immediately, in the case of a very serious accident; 
    • at the earliest 8 days after the date of the accident in the event of bodily injury (so that the employer can correctly complete the form's section 4.08 'Returning to work' - (Reprise du travail);
  • give a copy of this declaration to the salaried worker concerned.
If a temporary agency worker has an accident, the accident declaration must be completed by the temporary work agency based on the information provided by the user company.

It is advisable to keep a copy of the declaration in the company files. The AAA will submit the necessary documents to the ITM.

The declaration must be completed electronically or, if the form is completed by hand, in black ink in block capitals.

The original document must be sent to the AAA, either by post or by fax.

Declaration of a serious accident

The employer must immediately declare a serious accident to the:

A serious accident is an accident which causes death, permanent injury or at least one of the following injuries:
  • a fracture;
  • internal or external third degree burns on more than 9% of the total body surface;
  • wounds with tissue loss;
  • traumas which, if left untreated, may result in death.

Compensation

Compensation for damages to motor vehicles

The amount of compensation is automatically reduced by an insurance excess which represents two thirds of the social minimum wage.

The maximum amount of compensation is:

  • 5 times the social minimum wage for commuting accidents;
  • 7 times the social minimum wage for work-related accidents.

The right to compensation exists even in the absence of bodily injury.

The AAA will only cover compensation costs if the insurance company of the damaged vehicle does not cover the material damages ('casco' - fully comprehensive insurance) and if the accident was not caused by a liable third party .

In order to receive compensation, the insured person has to submit an application for compensation for damaged vehicles.

If the vehicle is repaired, the value of the vehicle is appraised by an expert or, failing this, its value is set by checking the value of a similar vehicle on the second-hand market. A compensation will be paid on presentation of an invoice signed by a legally established professional, located in Luxembourg or abroad.

If the vehicle is a write-off, the residual value is appraised by an expert or, failing this, the value is set by checking the value of a similar vehicle on the second-hand market minus a standard rate of EUR 110 at the reference value 100 (price index) which represents the value of the car wreck. The insured person can prove that the car wreck's value is lower by presenting an invoice from a professional legally established in the Grand Duchy of Luxembourg or abroad. The insurance excess must also be deducted from the compensation amount.

Example:

Example 1

Example 2

Market value:

EUR 5,000.00

Market value:

EUR 5,000.00

Standard value of the wreck:

EUR 874.00

Sales price of the wreck:

EUR 200

Insurance excess:

EUR 1,332.39

Insurance excess:

EUR 1,332.39

Payout by the AAA:

EUR 2,793.61

Payout by the AAA:

EUR 3,467.61


In example 1, the insured person did not prove the lower value of the car wreck sold.
The standard value of the wreck has been set to EUR 874 € (EUR 110 at the index value 100). In this example, the insured person receives a payout of 2,793.61 (5,000 – 874 - 1,332.39).
In example 2, the insured person proves that the value of the car wreck is actually lower: EUR 200.
In this case, the insured person is entitled to a payout of EUR 3,467.61 (5,000 – 200 - 1,332.39).

It is imperative that the application for compensation for material damages to motor vehicles is sent to the AAA within 12 months from the date the accident occurred.

When this deadline has passed, the insured party may no longer apply to the AAA for compensation for material damages to the vehicle because of a work-related or commuting accident.

Pupils and students only benefit from material damage compensation for a vehicle when, for important reasons beyond their control, they were not able to use public transport.

The AAA will reimburse costs for the expert appraisal, provided that:

  • the appraisal was requested by the insured person;
  • the insured person paid for the appraisal.
It is to be noted that breakdown repair, towing, surveillance and replacement costs are not covered by the AAA.

Compensation for secondary material damage

The insured party has the right to compensation for secondary material damage on condition that the accident caused bodily injury.

Compensation for bodily injury to the insured person also includes the damage caused to prostheses by the accident;

Compensation for damage caused to clothes and other personal items is granted on presentation of the invoice (only valid for items purchased before the accident), with a 20% deduction per year for wear and tear.

However, if the insured party is unable to present an invoice, a minimum amount of compensation is granted for everyday clothing (List of objects subject to fixed rate compensation).

The application for compensation for secondary material damage must be completed and sent by post to the AAA.

Compensation applications (for vehicles and secondary material damage) must be submitted to the AAA within 12 months from the date the accident occurred.

Register and reports

Employers are required to:

  • keep a register of work-related accidents which resulted in an incapacity for work/sick leave of more than 3 days;
  • establish and submit the reports on work-related accidents involving their employees to the Inspectorate of Labour and Mines (Inspection du Travail et des Mines - ITM) as soon as possible.

Appeals

The insured person can appeal the decision on the compensation (in cash or in kind) for a work-related or commuting accident. It has to be appealed against within 40 days of the accident notification date.

The objection must be submitted, in the form of a simple request, to the management committee of the AAA.

In the event of an appeal against the decision taken by the AAA management committee, the insured person can appeal to the Social Security Arbitration Committee (Conseil arbitral de la Sécurité sociale - C.A.S.S.) in Luxembourg city.

A simple request on paper and in 2 copies must be submitted to the C.A.S.S..

Who to contact

125, route d'Esch
L-2976 - Luxembourg
Luxembourg
Phone: (+352) 26 19 15-1
Fax: (+352) 49 53 35

Opening hours
08.00 - 16.00
3, rue des Primeurs
L-2361 - Strassen
Postal box BP 27, L-2010
Luxembourg
Phone: (+352) 247 76100
Fax: (+352) 247 96100
Email contact@itm.etat.lu

Opening hours
from Monday to Friday from 8.30 to 12.00 and 13.30 to 16.30