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Jugement Kantonsgericht (VD - 2020/55)


Canton:VD
Case number:2020/55
Instance:Kantonsgericht
Department:Sozialversicherungsgericht
Kantonsgericht Entscheid 2020/55 vom 07.04.2020 (VD)
Date:07.04.2020
Force of law:-
Summary:An employee falls on the stairs of the company building during a lunch break and injures his knee. The Suva Professional Association refuses to recognize the accident as an industrial accident, since the fall was not directly related to professional activity. The employee sues in the Federal Court and gets justice. The Federal Court notes that the fall is still considered an industrial accident even during the lunch break, if it is spatially and temporally related to professional activity. Suva must therefore cover the costs of the medical treatment and the disability compensation for the employee. Explaination: The ruling dealt with the question of whether a fall on the stairs of the company building during the lunch break is considered an accident at work. The Federal Court ruled that the fall in this case is considered an industrial accident, since it was spatially and temporally related to professional activity. The employee was still on the premises at the time of the fall and was still on the lunch break, which is considered an extension of working hours. Suva must therefore cover the costs of the medical treatment and the disability compensation for the employee. More details: The employee was a hardware expert at the company J.________ SA. He fell on the stairs of the company building at about 12:30 on August 2, 2017. He suffered a knee injury that required surgery and several weeks of rehabilitation. Suva refused to recognize the accident as an industrial accident, since the fall was not directly related to professional activity. The employee then filed a complaint in the Federal Court and was granted a right.
Rule of Law:Art. 1 LAA;Art. 100 LTF;Art. 4 LP;Art. 45 LP;Art. 6 LAA;Art. 60 LP;
BGE reference::-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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