Covid-19 and occupational disease or workplace accident

Despite the tightening of government measures to combat the spread of the Covid-19 virus, particularly regarding travel, many employees are still required to travel for the needs of their professional activity.

These employees are therefore more exposed to Covid-19 than those who benefit from teleworking.

If these employees were to become infected with Covid-19, could they claim recognition of an occupational disease or a work-related accident?

The stakes are indeed high, especially for people engaged in activities considered essential and which continue despite the new government restrictions.

Recognition of an occupational disease?

Brief reminder

Three possibilities:

1. Disease listed in the table of occupational diseases: a disease is presumed to be of occupational origin when it is listed in the table of occupational diseases and is contracted under the conditions provided for in said table .
2. Disease listed in the table of occupational diseases but not meeting the conditions provided: in this case, a disease is considered to be of occupational origin when it is developed following exposure to nuisances or risks directly related to the professional activity of the victim.
3. Disease not listed in the table of occupational diseases: Diseases not listed in the table may also be recognized as having an occupational origin provided that it is established that the disease was the victim's usual work and  either resulted in his death or a permanent disability rate of at least 25%.

In this case, the recognition of the occupational nature of the disease is pronounced by the CPAM, after consultation with the Regional Committee for the Recognition of Occupational Diseases (CRRMP).

What about Covid-19?

Under current legislation, Covid-19 is not included in the list of occupational diseases.

Under these conditions, its recognition as an occupational disease requires that it be established, on the one hand, that Covid-19 was contracted essentially and directly by reason of or in connection with work and, on the other hand, that the victim has died or has a permanent disability rate of at least 25%.

Therefore, there are many obstacles to the recognition of Covid-19 as an occupational disease.

On the one hand, given the way the virus spreads, proving a link to work can prove particularly difficult.

On the other hand, the condition relating to the disability rate can also be difficult to meet.

Recognition of a workplace accident?

Brief reminder

An accident at work is defined as an event or series of events occurring on specific dates as a result of or in connection with work , which resulted in bodily injury , regardless of when the injury appeared.

A work-related accident thus implies a sudden .

The Social Security Code establishes the principle of a presumption of work-relatedness for accidents occurring to employees at the time and place of work .

What about Covid-19?

Here again, just as with occupational disease, the question of proof arises, and in particular the difficulty of establishing that Covid-19 was contracted during a sudden and specific event, by reason of or in connection with work.

The way the virus spreads makes it, a priori , very difficult to isolate a specific event as having led to contamination.

The obligation of safety and health

The employer's liability could be invoked under common law conditions on the basis of its obligation of safety and health towards its employees.

As a reminder, the employer has an obligation to take measures to ensure the safety and protect the physical and mental health of workers ( Article L. 4121-1 of the Labour Code).

Among these measures, the employer must define actions for risk prevention, information and training of employees, and the implementation of an appropriate organization and resources.

The employer could therefore be held liable if he obstructs his employee's request for teleworking without legitimate reason (in particular, if his activity can be organized by using teleworking) or if he does not put in place the hygiene and prevention measures recommended by the public authorities to fight against the spread of Covid-19.