Facts
F., born in 1953, worked as a housekeeper for 1.5 hours per week for employer V. On November 23, 2006, after completing her work for this employer, she was the victim of an accident while visiting a relative. Allianz Suisse, the insurer with whom F. was compulsorily insured against the risk of accident, refused to cover the consequences of this accident, on the grounds that it was a non-occupational accident for which the person concerned was not covered by law.Considerations
The Court dismissed F.'s appeal against this decision. According to the AIA (LAA), part-time workers employed for less than 8 hours per week are only insured against occupational accidents, and not against non-occupational accidents. The duration of employment with multiple employers cannot be added together to reach the minimum threshold of 8 hours required for coverage of non-occupational accidents.
Furthermore, Art. 13(2) of the AIO (OLAA), which only equates accidents suffered by workers "during the journey between their home and their place of work" as occupational accidents, is in accordance with the law. The case law has indeed specified that for there to be a commuting accident, there must be a legally sufficient…