The Chambre des assurances sociales rules as a single cantonal instance on disputes in the following fields:
- Invalidity insurance
- Old-age and survivors’ insurance
- Health insurance (compulsory and complementary)
- Accident insurance
- Unemployment insurance
- Federal and cantonal complementary benefits
- Occupational benefits provision
- Family allowances
- Loss of earnings compensation for persons serving in the army, in the civil service or civil protection
- Military Insurance
- Maternity and adoption
- Vocational education and training
The Chambre des assurances sociales rules on appeals against decisions of the Tribunal administratif de première instance concerning complementary insurance to compulsory accident insurance.
A collective and multidisciplinary jurisdiction
The Chambre des assurances sociales is composed of 8 permanent judges (3 of whom are part-time), and 20 assessor judges who represent the insured and the insurers.
Each judge is in charge of a chamber that he/she presides over and sits for ordinary cases with 2 assessors (one representing the insured and the other the insurers), and for cases of principle with 5 permanent judges and 2 assessors.
The judges of the chamber work in close collaboration with jurists and, for the administrative follow-up of the proceedings and the record of the hearings, with a clerk.
The Chambre des assurances sociales does not provide legal advice.
Your steps in brief
The proceeding before the Chambre des assurances sociales involves several steps:
Step 1: bring an action before the Chambre des assurances sociales
You must submit your appeal in writing, in two copies, to the Chambre des assurances sociales by mail or by depositing it directly at the chamber's desk or the Greffe universel. It must be written in French and signed.
Your request must imperatively:
- Include a copy of the decision to which you are objecting
- Indicate your contact information
- Specify the facts and arguments justifying your appeal
- Indicate what you wish to obtain
- Include all the useful documents justifying your appeal
The procedure is free, except for procedures related to invalidity insurance (art. 69 para. 1bis LAI).
Step 2: conduct of the proceedings
The conduct of the proceedings is based mainly on an exchange of written submissions.
If the judge declares your appeal admissible, he/she will ask the authority that made the decision to respond to the arguments presented in your notice of appeal.
If necessary, the Chamber may have to collect additional elements in order to rule on the dispute (e.g. hearing of the parties/witnesses, expertise, new documents).
Step 3: end of the proceeding
The substantiated decisions (judgments) are sent to you by registered mail.
Parties whose examination has been ordered must appear in person; legal entities must appoint a representative.
Even when the examination has not been ordered, it is advisable to attend hearings held before the Chambre des assurances sociales de la Cour de justice in person.
Witnesses are required to appear personally.
If your resources are insufficient to defend your interests in court, you may, under certain conditions, be eligible for legal aid. This financial aid is not free of charge.
It consists mainly of partial or total payment of lawyers' fees and legal costs for people who do not have the necessary means to pay them. You will have to reimburse it as soon as you are able to do so.