Facts
[A.], born in 1961, benefited from a vocational guidance measure of the disability insurance in the form of a trainee position as a warehouse assistant at [C. SA] from March 1 to May 31, 2016. Subsequently, he was placed on trial at [C. SA] as a warehouse assistant from June 1 to August 31, 2016, with the support of the Disability Insurance Office. On October 18, 2016, [A.] suffered a fracture of the 11th thoracic vertebra while at work. The Swiss National Accident Insurance Fund (CNA) refused to cover the case, considering that the accident insurance coverage had ceased thirty days after the end of the vocational guidance measure and that the trial placement did not entitle him to insurance coverage.
Considerations
The Federal Tribunal dismissed the CNA's appeal. According to case law, the notion of "worker" within the meaning of the Accident Insurance Act (AIA) is broader than that of labor law. Thus, persons who work on trial without receiving a salary at an employer are insured by the latter, provided that the employer has an economic interest in the work performed. The trial placement aims to assess the actual work capacity of the insured on the primary labor market and is part of a comprehensive rehabilitation process. There is no reason to treat a trial placement measure differently, in terms of compulsory accident insurance coverage, from an internship or voluntary work. The respondent participated in the business operations of [C. SA] and was subject to the same occupational risks as the other workers in the company. He should therefore be considered as compulsorily insured against accidents with the CNA.
The fact…