Accident Insurance: A Reminder of the Coverage Rules

Work-related or non-work-related accident? On paper, the rules seem clear. In practice, some situations are far less so. Here is an overview of the basic principles, before looking at a concrete case.

Work-related accidents

An accident is considered work-related when it occurs in the course of the activity carried out for the employer. This includes, in particular, accidents suffered while a person is performing work on the employer’s instructions or in the employer’s interest.

All employees subject to the LAA are insured against work-related accidents, regardless of their workload.

However, one specific rule concerns travel between home and the workplace: for people who work less than eight hours per week for the same employer, and who are therefore not covered by that employer for non-work-related accidents, accidents occurring on the direct route to or from work are considered work-related accidents.

Non-work-related accidents

Non-work-related accidents are, conversely, those that occur outside professional activity. This may include, for example, an accident at home, during leisure time, or while practising a sport.

However, coverage is not automatic for all employees. To be insured under the LAA against non-work-related accidents, an employee must work at least eight hours per week for the same employer.

Below this threshold, the person remains covered by the employer’s insurance for work-related accidents, but not for accidents occurring during their free time. They must then have accident coverage through their health insurance.

A concrete case

A part-time employee is injured during a football match. Is the accident covered by the employer’s accident insurance?

This is the question examined by the Geneva Court of Justice in its ruling ATAS/844/2026 of 29 September 2026. As the accident occurred during the employee’s leisure time, it was a non-work-related accident. It then remained to be determined whether the employee benefited from the corresponding coverage.

A decisive question: working time

To benefit from LAA coverage for non-work-related accidents, an employee must work at least eight hours per week for the same employer.

In the case heard in Geneva, one particular factor complicated the application of this rule: the employee had irregular working hours. It was therefore impossible to rely solely on the number of hours worked in a single week.

What about irregular working hours?

To determine whether the eight-hour threshold had been met, the Court referred to the method set out in Recommendation No. 7/87 of the LAA ad hoc Commission.

In practical terms, this involves, in particular, calculating the average weekly working time over the three or twelve months preceding the accident, using the option most favourable to the insured person. The calculation also takes into account weeks actually worked, in accordance with the arrangements set out in the recommendation.

In this case, even applying this method, the average did not reach eight hours per week. The employee therefore did not benefit from LAA coverage for non-work-related accidents, and the football accident could not be covered on that basis.