What is an accident at work? In which cases is it characterized? What to do and what do you get when you are a victim? These questions are rarely asked before being confronted with the problem. However, knowing the answers upstream allows you to face the difficulties with more serenity when that happens. For the workers comp you need the best lawyer now.
For its part, the Court of Cassation also proposed its definition of the industrial accident in a judgment rendered in April 2003: “An event or a series of events occurred on certain dates by the fact or on the occasion of the work resulting in bodily injury regardless of the date of onset of the injury.”
Who is concerned?
Workplace accidents affect all employees of the company, regardless of the type of job and the nature of the contract that binds them to the company.
What are the conditions of an accident at work?
For a work accident to be recognized, several conditions must therefore be met:
- The workplace accident occurred at your place and during your working time.
- You were under the authority of your employer when the accident occurred.
- The accident was a violent and sudden action causing a bodily or mental injury that does not necessarily appear immediately.
- When these conditions are met, you benefit from the presumption of an accident at work.
Difference between work accident and occupational disease
It is the criterion of suddenness that differentiates the occupational accident from the occupational disease. While the work accident is sudden, the occupational disease is characterized by its slow and evolving character.
Difference between accident at work and commuting accident
While the workplace accident occurs at the workplace or in connection with work, the commuting accident occurs between the principal residence and the workplace, or on the journey between the workplace and the workplace. the employee usually takes his meals. When the accident is neither an accident at work nor a commuting accident, it is a common accident.
What are lesions?
The injuries resulting from the accident at work can be bodily or psychological. It may be a physical injury but the consequences of moral harassment are also recognized as injuries.
Here are some examples of injuries that may result from an accident at work:
- A cut, a burn or an injury.
- Muscle pain due to wearing a heavy load.
- A deterioration of hearing caused by the use of a noisy tool.
- An emotional shock as a result of an assault suffered in the company.
- A depression noted by the attending physician following an evaluation interview or a harassment campaign.
Multiple sclerosis reported after employer-imposed vaccination. The lesions may appear in a delayed manner and not just after the accident. It will then be necessary to demonstrate the causal link between the accident and the injury.