On June 23, 2011, Mr. A., major of the national police, took his vehicle out onto the public highway in order to leave for his place of work. Then he went back inside his property to close his garage door. It was then that he was the victim of an accident. The latter resulted in a permanent incapacity of 15% for which Mr A. requested a temporary invalidity allowance.
Indeed, “an official who has been affected by an invalidity resulting from a service accident resulting in a permanent incapacity of at least 10% or from an occupational disease may claim a temporary invalidity allowance cumulative with his treatment ”(Art. 65, Law of 10 January 2014 on statutory provisions relating to the civil service of the State).
However, on June 30, 2016, the Minister of the Interior refused to grant him this allowance, considering that it was not a service accident. Seized by Mr. A., the administrative court of Marseille annulled this decision on March 4, 2019. It requested payment of the allowance and ordered the State to pay 30,000 euros to Mr. A.
Commuting accident: the commute must have started
Consequently, the Minister of the Interior appealed against this judgment. The Council of State finally ruled on February 12, 2021: the accident having occurred inside the property of Mr. A., it is not a service accident (see the judgment).
“Is deemed to constitute a commuting accident and, consequently, to assume the character of an accident occurring in the exercise of the functions of the public official who is the victim of it, any accident which occurs on the usual route between the place where s ‘carries out his work and his residence and during the normal duration to carry it out, except if a personal fact of this agent or any other particular circumstance is such as to detach the accident from the service ”, recalls the Council of State.
However, “for the existence of a commuting accident to be recognized during a departure to the workplace, the journey from home to the place of destination must have started. This is not the case when the person concerned is still, at the time of the accident, inside his home or his property, ”he concludes.