French Employment law: heart attack (infarctus) at work = accident at work (accident du travail) despite the existence of pre-existing symptoms (c. cass. May 29th 2019, n°18-16183)
The Court of Cassation has indeed held that the accident had occurred at the time and place of work.
The employee "took his position even though he did not go immediately to the store" and was therefore under the authority of the employer at the time of the accident.
The meeting of these two elements (occurrence of the accident at the time and place of work, under the authority of the employer) authorizes the Court of Cassation to retain the professional nature of the accident (accident du travail).
The Cour of cassation thus deduced that "the existence of symptoms prior to discomfort during the journey between home and the workplace is not likely to characterize a commuting accident".
To read the full Article, please click on the link below.
Frédéric CHHUM, avocat and Member of the Paris Bar Council (Conseil de l’ordre des avocats de Paris)
CHHUM AVOCATS (Paris, Nantes, Lille)
.Paris: 4 rue Bayard 75008 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: 25, rue Gounod 59000 Lille tel: 0320135083