Covid-19 and occupational disease or accident at work

Despite the tightening of government measures to combat the spread of the Covid-19 virus, particularly in terms of travel, many employees are nevertheless required to travel for the purposes of their professional activity.

These employees are thus more exposed to Covid-19 than people who benefit from teleworking.

In the event that these employees are contaminated by Covid-19, could they claim recognition of an occupational disease or an accident at work?

The stakes are indeed high, especially for people carrying out activities considered essential and continuing to do so despite the new government restrictions.

Recognition of an occupational disease?

Brief reminder

Three possibilities:

1. Illness appearing in the table of occupational diseases: a disease is presumed to be of occupational origin when it appears in the table of occupational diseases and is contracted under the conditions provided for in the said table .
2. Illness appearing in the table of occupational illnesses but not meeting the conditions laid down: in this case, an illness is considered to be of occupational origin when it develops following exposure to nuisances or to risks directly related to the professional activity of the victim.
3. Illness not appearing in the table of occupational illnesses: Illnesses not appearing in the table may also be recognized as having an occupational origin on the condition that it is established that the illness was essentially and directly caused by the usual work of the employee . victim and  either that it resulted in his death, or a permanent disability rate of at least 25%.

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

What about Covid-19?

In the current state of the legislation, Covid-19 does not appear in the table of occupational diseases.

In these conditions, its recognition as an occupational disease presupposes that it be established, on the one hand, that the Covid-19 was contracted essentially and directly by the fact or on the occasion of work and, on the other hand, that the victim is deceased or has a permanent disability rate of at least 25%.

There are therefore many obstacles to the recognition of Covid-19 as an occupational disease.

On the one hand, given the mode of propagation of the virus, the proof of a link with work can prove to be particularly difficult to report.

On the other hand, the condition relating to the degree of incapacity may also be difficult to fulfill.

Recognition of an accident at work?

Brief reminder

An accident at work is an event or a series of events occurring on certain dates by the fact or on the occasion of work , which resulted in a bodily injury , regardless of the date of appearance of the latter.

The accident at work thus assumes a character of suddenness .

The Social Security Code lays down the principle of a presumption of imputability to work of the accident occurring to the employee at the time and place of work .

What about Covid-19?

Here again, as with occupational disease, there is the question of proof and in particular the difficulty of establishing that Covid-19 was contracted during a sudden and specific event, by the fact or at the job opportunity.

The mode of propagation of the virus makes, a priori , very difficult, the isolation of a fact determined as having been able to lead to contamination.

The safety and health obligation

The employer's liability could be engaged under the conditions of common law on the basis of its health and safety obligation vis-à-vis its employees.

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

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

The employer could thus see his liability engaged if he obstructs his employee's request for telework without legitimate reason (in particular, if his activity can be organized by using telework) or if he does not put in place the measures of hygiene and prevention recommended by the public authorities to combat the spread of Covid-19.