Accident at Work on a Business Trip: Employer Liable Even After the End of the Assignment

You own a property in Pont-à-Mousson and you send an employee on a business trip to Nancy. On the way back, he has an accident: is it an accident at work? You may think not, since his assignment is over. Yet the French Supreme Court answered yes, in a landmark ruling of 1973.

Every employer asks themselves this question at some point. And the answer is not intuitive. Many imagine that the employer's responsibility stops at the company gate. But case law has broadened this framework, particularly for business trips.

In this article, I will explain this decision, its reasoning, and what it actually changes for you, whether you are an employer, employee, or property professional.

The Facts: A Story That Happens Every Day

We are in 1970. The company Demag, based in... Nancy, sends two of its employees, Mr. X and Mr. Y, to Paris for a professional assignment. The assignment involves meeting a client and carrying out a technical demonstration. The two employees travel to Paris by train, complete their task, then decide to stay overnight to return the next day. The return is scheduled for the following day.

But the next morning, while going to the station, Mr. X is the victim of a traffic accident: he is knocked down by a car. He is seriously injured. The question arises: is this an accident at work? The company Demag refuses to recognise it as such, arguing that the assignment was over and the employees were no longer under its authority.

Mr. X then brings the case before the social security court. He wins at first instance: the court considers that the accident occurred during the time of the assignment, since the return journey was an integral part of it. The company Demag appeals. The Nancy Court of Appeal overturns the judgment: in its view, the employees, by deciding to extend their stay in Paris for personal convenience, had stepped outside the scope of the assignment. The case reaches the French Supreme Court.

The Reasoning of the Court — Analysed

The French Supreme Court quashes the appeal judgment. It recalls a fundamental principle: an accident at work is one of which employees are victims and which occurs on the return from an assignment entrusted to them by the employer and which ends only with that journey. In other words, the assignment does not end when the specific task is completed, but only when the employee has returned to his usual starting point (his home or workplace).

The lower courts had held that the employees, after finishing their work, were free to go where they wished, and from that moment on, they were no longer under the employer's authority. The French Supreme Court rejects this analysis: the mere fact that the employees had free time during the assignment does not remove them from legal protection. What matters is that the journey itself (there and back) was ordered by the employer.

The legal basis is Article L. 411-1 of the Social Security Code (nowadays), which defines an accident at work as one occurring by reason of or in the course of work. The concept of "in the course of work" has been broadly interpreted by case law: it includes business trip journeys, even if the employee has some freedom in organising his time.

This decision confirms a trend already underway: the protection of employees on business trips is maximum. It is not a reversal, but a landmark ruling that made history.

What This Changes for You — In Practice

If you are an employer, you must be aware that the assignment covers the entire journey, from departure to return. An accident occurring during a lunch break, a hotel night, or even a personal detour (within certain limits) can be reclassified as an accident at work. Concretely, this means you must declare any accident occurring during a business trip to your insurer, on pain of being held liable.

Let's take an example: you own a building in Vandoeuvre-lès-Nancy and you send a caretaker to repair a leak at a tenant's home in Nancy. On the way back, he stops at the bakery and injures himself falling. Even if the repair is finished, the accident is presumed to be an accident at work because it occurs during the return journey of the assignment.

For employees, this case law is essential protection. If you are on a business trip, do not hesitate to report any accident, even minor, to your employer. You benefit from the presumption of imputability: the accident is presumed to be work-related, unless proven otherwise.

For property professionals, notably property managers and agencies, who frequently send employees on trips (viewings, inventories, signings), this decision is a reminder: the assignment does not end with the completion of the service. Make sure your insurance contracts cover business trip journeys.

Four Tips to Avoid This Type of Dispute

• Declare any accident occurring on a business trip, even if you doubt its connection with work. Better one declaration too many than a refusal that could be held against you. You have 48 hours to declare an accident at work.
• Formalise trip orders in writing. Specify the dates, departure and return times, and the location of the assignment. This clearly delineates the temporal and spatial framework.
• Inform your employees of their rights and obligations on a business trip. Explain that accident at work protection extends to the entire journey, and that they must report any incident.
• Check your public liability insurance contract. Make sure it covers journey accidents on business trips, including reasonable detours (such as a stop for lunch).

Further Reading: Related Case Law and Developments

This 1973 ruling has been confirmed and refined subsequently. For example, a ruling of 15 December 1977 (No. 76-10.850) held that an accident occurring during a business trip abroad, including during leisure time, was an accident at work, as long as the employee was not free to return home. The trend of the courts is therefore to broadly protect employees on business trips.

More recently, the French Supreme Court clarified that even an accident occurring during an itinerant assignment (without a fixed base) is presumed to be an accident at work, as long as the employee is travelling for the employer's account (Cass. 2e civ., 10 May 2012, No. 11-14.764).

For the future, this case law remains current. With the development of teleworking and one-off assignments, the concept of "assignment" may still be clarified. In the meantime, the rule is clear: the assignment begins upon departure from home or the workplace, and ends upon return.

Summary and Next Steps

FAQ:

• Is an accident during a lunch break on a business trip an accident at work? Yes, as long as the break is reasonable and related to the assignment (e.g., to eat).
• What should I do if my employer refuses to declare an accident occurring on a business trip? You can bring the matter before the judicial court (formerly TASS) to have the accident at work recognised. You have 2 years from the accident.
• What are the declaration deadlines? The employer must declare the accident within 48 hours of becoming aware of it. The employee must inform his employer within 24 hours.
• Can I be penalised for taking a personal detour during a business trip? It depends on the nature of the detour. A minor and reasonable detour (like buying a sandwich) remains covered. A significant detour unrelated to the assignment may result in loss of protection.

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Checklist if you are a victim of an accident on a business trip:

1. Inform your employer immediately (in writing, by email or registered letter).
2. Consult a doctor and obtain a detailed medical certificate.
3. Keep all evidence: transport tickets, hotel bills, witness statements.
4. If the employer refuses to declare, contact the CPAM (Primary Health Insurance Fund) within 2 years.

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