Does the murder of Stéphanie Monferme constitute a “work accident”?

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The Prime Minister, Jean Castex presides over a ceremony of national homage to Stéphanie Monferme, Friday April 30, one week after the attack perpetrated on April 23, 2021 in the police station of Rambouillet. – STEPHANE LEMOUTON-POOL / SIPA

  • The collective “Silence, workers die” published a few days ago a tribute to “the first 100 deaths at work recorded in 2021”. There is Stéphanie Monfeture, the police officer killed the day before in a terrorist attack in Rambouillet.
  • A classification that surprised many Internet users. In a viral tweet, the police officer Abdoulaye Kanté was indignant at this legal qualification and opposed the fact that the agent had been murdered.
  • Yet every accident at work, even murder from whatever cause, is attributable to service. Speaking of “work accident” or “service accident” also allows the victim’s family to receive compensation.

They are workers, delivery men, farmers or firefighters. They are called Omar, Yvonne, Mohammed, or even Stéphanie. A few days ago, the collective “Silence, workers die” posted on Twitter a tribute to “the first 100 deaths at work recorded in 2021”. A list shared on a Mediapart blog on Saturday, on the occasion of Labor Day.

Seemingly innocuous, this tribute provoked the ire of the police community on social networks. The reason ? In this list appears Stéphanie Monfeture, the police officer slaughtered by a terrorist in the exercise of her functions at the Rambouillet police station, on Friday 23 April.

“How can you mention our colleague Stéphanie Monfeture in your macabre list by listing her in work accidents?” “, notably denounced Abdoulaye Kanté, media figure of the police, with its 37,000 subscribers on Twitter. “No, she was cowardly murdered by a terrorist and there is no comparison! Your blog is smelly, ”he added.

However, this legal qualification is perfectly valid. 20 minutes make the point.

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In law, according to the law “on the rights and obligations of civil servants”, known as the “Le Pors law”, “is presumed attributable to the service any accident to a civil servant, whatever the cause, in the time and place of the service. service, in the exercise or on the occasion of the exercise by the official of his functions ”.

However, can this legal definition apply in the context of an assassination or an attack, such as the one suffered by Stéphanie Monfeture in Rambouillet? Case law in this area was set by the Court of Cassation in a 1995 judgment and has not changed since. According to this judgment, “the murder of an employee at the time and place of work” does indeed constitute an “accident at work”.

A way to protect families

“Legally, this qualification is obvious, explains to 20 minutes Lorène Carrère, civil service lawyer. To say that the death of Stéphanie Monfeture or that of Professor Samuel Paty constitutes a work accident does not detract from the horror and premeditation of their murders. We must not confuse “accident” and “accidental”. “

Qualifying the murder of Stéphanie Monfeture as an accident at work also has concrete effects for those close to her. “This is what allows the family to receive compensation,” says Lorène Carrère. In the event of a service accident resulting in death, several helpers are deployed. In particular a “capital of the facts”, which is paid for a third to the spouse and for two thirds to the children, a funeral assistance to ensure the funeral, and a pension up to 50% of the income of the deceased person.





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