Commuting accident: when the judge refuses the employee's protection on Sunday evening

Imagine: you live in La Garde, in the Var, and you work in Toulon. To avoid Monday morning traffic jams, you decide to spend Sunday night in your small apartment near the port of Toulon. On Sunday evening, while driving there, you have an accident. Is this a commuting accident covered by workers' compensation? The answer from the Court of Cassation, handed down in 1970, is still relevant today and might surprise you. This decision directly concerns owners of second homes, tenants, and real estate professionals who rent accommodation near employment areas. What exactly does this ruling say? And above all, what are its consequences for you?

The facts: a story like many others

Mr. X, an employee of a company in Strasbourg, owned a principal residence in Creutzwald, Moselle. On Sunday, 24 November 1968, around 2 p.m., he left his home in Creutzwald to drive to Strasbourg, where he had a 'pied-à-terre' (a small flat) near his workplace. His purpose: to spend the night there to ensure he would arrive on time on Monday morning, given his precarious state of health and the travel difficulties between Creutzwald and Strasbourg. On the way, he had an accident. The question arises: is this accident a commuting accident benefiting from legal protection (i.e., considered an industrial accident)?

The Colmar Court of Appeal had answered in the affirmative, holding that the detour via the pied-à-terre was justified by the necessities of employment. But the Court of Cassation, seised by the employer, quashed this judgment. It held that the accident was not a commuting accident because, on Sunday evening, the employee was not travelling from his principal residence to his workplace, but from one residence to another, at a time far removed from the resumption of work. The overnight stay was not 'directly linked to employment' but dictated by the employee's personal interest.

The court's reasoning — analysed

The legal basis is Article L. 411-2 of the Social Security Code (in its current version, but the spirit was the same in 1970) which defines a commuting accident as one occurring during the journey between the workplace and the principal residence, or a secondary residence of family interest, or any other place where the employee habitually goes for professional reasons. The Court of Cassation interpreted this notion strictly. It held that the employee had two residences: one in Creutzwald (principal), the other in Strasbourg (pied-à-terre). The journey on Sunday evening was from one residence to another, not from residence to work. Moreover, the accident occurred at a time (Sunday evening) far removed from the resumption of work (Monday morning). The overnight stay was a 'planned interruption of the journey dictated by personal interest and not directly linked to employment'.

The Court thus made a subtle distinction: if the employee had left his principal residence on Monday morning directly to go to work, the accident would have been protected. But by choosing to come the night before for personal reasons (his health, travel difficulties), he transformed this journey into a private trip. The ruling confirms a consistent position: the journey must be directly linked to the performance of the employment contract. There was no change in precedent, but a strict application of the principle.

What this means for you — practically

For landlord owners: if you rent a property to an employee who uses it as a pied-à-terre for work, be aware that this property is considered a secondary residence. An accident on the journey between this property and work will be protected, but not the one between the principal residence and this pied-à-terre on a Sunday evening. Example: in Hyères, an employee rents a studio for the week. If he is injured coming from his home in La Garde on Sunday evening, no protection. However, if he leaves the studio on Monday morning to go to work, yes.

For tenants: if you have a pied-à-terre near your work, be careful. If you decide to spend the night there to be on time, an accident the previous evening is not covered. You must therefore take out individual accident insurance to cover these 'personal' journeys. For employers: this decision protects you against abusive claims for recognition of industrial accidents. You can challenge if the employee left his principal residence on a non-working day for a personal reason.

Four tips to avoid this type of dispute

• Check your employment contract or collective agreement: some provide broader protection than the law. If you are an employee, know exactly what is covered.
• Take out individual accident insurance: for personal journeys (secondary residence, leisure), a 'life accidents' guarantee can protect you where social security does not.
• Report any accident to your employer within 24 hours: even if you doubt the classification, let the CPAM decide. Failure to report may result in loss of rights.
• Keep evidence of your journey: toll tickets, GPS records, witness statements. In case of dispute, they can show that the journey was directly work-related.

Further reading: related case law and developments

This 1970 decision was confirmed by a more recent Court of Cassation ruling (Civ. 2e, 12 July 2018, No. 17-21.678) which held that an accident occurring on Saturday morning on the journey between a secondary residence and work was not a commuting accident because the employee had gone to his secondary residence for personal reasons (weekend). The trend is therefore constant: the direct link with employment is strictly assessed. For the future, the development of teleworking could complicate the notion of 'principal residence' and 'journey'. Courts will have to decide whether the journey between home and the teleworking location (coworking, etc.) is protected. Stay tuned.

Frequently asked questions

• Can I be compensated if my accident is refused as a commuting accident? Yes, if you have individual accident insurance or if you prove that the employer was at fault (e.g., you had to travel for an urgent assignment on Sunday).
• What should I do if the CPAM refuses to recognise my accident as a commuting accident? You can challenge the decision before the judicial court (social division) within 2 months of notification. A specialised lawyer can help.
• Is the journey between two residences always excluded? No, if the journey is directly work-related (e.g., you need to collect a professional tool from your secondary residence), it may be recognised.
• Can my employer penalise me for reporting a refused accident? No, reporting is a right. But if it is abusive, the employer can sue you for gross misconduct. Act in good faith.
• Does this decision apply to self-employed workers? No, the commuting accident regime only applies to employees. Self-employed persons must take out specific insurance.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →