An accident at work, whatever its seriousness, must compulsorily be the subject of a declaration by the employer to the health insurance. In case of work stoppage following an accident, the employee receives daily allowances from the social security. These allowances may be supplemented by the payment of additional compensation from the employer. The workers comp lawyer can guide you here.
Workplace accident: what you need to know
- To qualify as an accident at work, the accident must meet three criteria: to have arisen suddenly, to have a professional origin and to cause bodily or psychological harm.
- Travel accidents are accidents occurring on the commute, or between the workplace and the place of meals.
- Victims of commuting accidents can benefit from the same compensation schemes as victims of work accidents.
- On the other hand, commuting accidents are not protected in the same way as accidents at work (no protection against dismissal).
What is the compensation in the event of an accident at work?
If you have an accident at work and are arrested, you can benefit from three types of benefits:
The daily allowances, which are paid by the health insurance. To have the right, you must respect certain conditions (sufficient period of contribution in particular). If you receive daily allowances, you can, in addition, receive additional compensation from your employer. To qualify for this additional compensation, you must, again, comply with certain conditions (seniority within the company in particular).
An annuity of incapacity:
- If after your consolidation or your cure, you have consequences, you can touch a pension of incapacity.
- The amount of the pension is calculated from a disability rate. Disability annuities, paid out by health insurance, are life annuities, that is to say, paid until your death.
How to declare an accident at work?
- When you are a victim of an accident at work or a commuting accident, you must inform your employer as soon as possible.
- The delay to report his accident to his employer is 24 hours.
- The employer, once informed of the accident, has 48 hours to draw up a declaration of work accident and send it to the health insurance (that of the employee).
The accident report mentions the nature and circumstances of the accident. It also indicates the contact information of potential witnesses.
To know: in case of work stoppage, the employer must also send a certificate of wages to the CPAM.
Consequences on the salary in the event of an accident at work?
The wage certificate in the event of an accident at work contains all the information concerning your salary: basic salary + elements accessory to the salary (bonuses). It is on the basis of this information that the health insurance fund determines the rights and the amount of daily allowances. The law or the collective agreement determines the conditions under which you can, in addition to the daily allowances, receive an additional compensation from the employer.
The additional compensation, depending on your situation, the law or possibly the collective agreement, can take two forms:
Your employer pays you a supplement to daily allowances. You receive the daily benefits of the health insurance plus the complementary allowance of your employer. Your employer continues to pay you your salary during the work stoppage and receives daily allowances for you. We talk about “salary maintenance”.
