Workplace Accidents and Occupational Diseases in Luxembourg

1. Two separate reporting obligations

A workplace accident generates two independent declarations that do not substitute for one another:

2. ITM declaration: serious accidents without delay

Article L.614-11 of the Labour Code requires the employer to notify the ITM without delay of any serious accident occurring in the company, in writing or by telecommunications. The following are classified as serious accidents:

• death;
• permanent injury;
• fractures;
• internal or external burns of the 3rd degree covering more than 9% of the body;
• wounds with loss of tissue;
• traumatic injuries that endanger survival.

Other accidents and occupational diseases must also be reported to the ITM, without the immediacy requirement that applies to serious cases.

3. AAA declaration: opening compensation rights

The Accident Insurance Association (AAA), jointly with the Medical Supervision of Social Security (CMSS), processes the file and rules on whether the accident or disease qualifies as work-related. Without this declaration, no accident insurance benefit can be granted.

Definition of a workplace accident

Luxembourg case law holds that an accident requires a sudden event, identifiable in time and space. A progressive or gradual injury may be classified as an occupational disease rather than an accident — a distinction with important consequences for the applicable legal regime.

An accident occurring abroad may be recognised as a workplace accident provided it takes place in the course of performing the employment contract, for example during employer-organised training.

Occupational diseases

Recognition of an occupational disease is based on a medical declaration submitted to the AAA. The applicable procedures and time limits depend on the specific circumstances and the rules of the accident insurance scheme. For any specific situation, it is advisable to contact the AAA directly or consult an occupational health specialist.

4. Commuting accidents

A commuting accident — one occurring on the normal route between the employee's home and the workplace, or between the workplace and the usual place of lunch — is treated as a workplace accident, provided the route has not been interrupted or diverted for a reason driven by personal interest unrelated to the essential needs of daily life.

5. Employee obligations and dismissal protection

Notification obligations

When an incapacity for work results from an accident or illness, the employee must (Art. L.121-6):

• notify the employer on the same day as the incapacity;
• provide a medical certificate no later than the third day following the start of the incapacity.

Compliance with these obligations is a prerequisite for dismissal protection to apply.

Dismissal protection

Where a workplace accident or occupational disease results in an incapacity for work that has been properly notified in accordance with Article L.121-6, the employer may not give notice of termination of contract or summon the employee to a pre-dismissal interview for a period of up to 26 weeks from the onset of the incapacity.

Salary maintenance

The employer must maintain full salary until the end of the calendar month covering the 77th day of incapacity within a rolling 18-month reference period (Art. L.121-6). Beyond that threshold, the National Health Fund (CNS) generally takes over in the form of a sickness cash benefit, subject to the applicable statutory conditions.

6. Permanent incapacity and partial pension

Where a workplace accident or occupational disease leaves permanent consequences, the insured person may be entitled to a partial pension if the cumulative conditions set out in Article CSS-II-105 are met:

• permanent incapacity rate of at least 10%;
• loss of professional income of at least 10%;
• recognised inability to perform the last job (by the occupational physician or the CMSS);
• the incapacity is primarily attributable to the consequences of the accident or occupational disease.

7. Professional reclassification

An employee recognised as unable to perform their last job may benefit from professional reclassification under Article L.551-1 of the Labour Code, in two forms:

Internal reclassification

The employer adapts the existing position or offers a new position within the company. Working time may be reduced within the limits set by the reclassification procedure: a reduction of up to 20% is generally possible; a greater reduction (exceptionally up to 75%) may be decided by the competent Joint Commission.

External reclassification

Where internal reclassification proves impossible, the employee is directed towards reclassification on the labour market, with support from the ADEM.

8. Disabled worker status

A person may be recognised as a disabled worker, in accordance with the applicable legal procedure, where they have a lasting reduction in their capacity for work of at least 30% as a result of a workplace accident (Art. L.561-1). Recognition does not follow automatically from a medical finding alone: it requires the initiation of a formal recognition procedure before the competent authorities.

This status opens specific rights, including in respect of workplace adjustments, access to reclassification and enhanced protection within the employment relationship.