Accident Labour law

Accident at work

It is considered as accident at work, regardless of the cause, the accident occurring to an employee, the fact or on the occasion of his work during the time and in the workplace or where the employee is under the authority of his employer.

accident at work

He is regarded as the work-related accident, the ride accident occurring to an employee during the journey between his home and his place of work and the place where he usually takes his meals.

Generally, all employees who is injured in his workplace enjoys a special law and protection set against all dismissal.

Steps to take
The employee victim of an accident at work is required to report his accident with his employer within 24 hours (except in the case of major force) via a registered letter with acknowledgement of receipt or just oral.

Then, a finding of potential lesions by a doctor was necessary so that it provides a medical certificate and subsequently it is inevitable to components 1 and 2 of this certificate to the health insurance fund and to maintain the 3 pane and finally the 4 pane will be sent to the employer.

Obligations for the employer
The employer is obliged to take various measures to effectively manage accidents, examine them and prevent their recurrence.

An employer shall immediately give the victim the form “sheet of accident” which then allows it to benefit from free medical care (support care without having to do the upfront fee).

The employer is held to declare the accident with the case of social security by registered letter with acknowledgement of delivery within a period of 48 hours.

The rights of the employment injury
The employee in an accident the work (or an occupational disease) enjoys a special protection during the period of cessation of work and at the end of.

The victim has the right to:

  • Free care (physician, pharmacy and hospital)
  • Increased daily allowances.
  • Protection against dismissal: not dismissal during the work stoppage.
  • An accident annuity: payable in the event of permanent incapacity.
  • A requirement for reclassification.
  • In case of death: the beneficiaries can take advantage of a death and reimbursement of funeral expenses and an annuity.

The amount of the daily allowances
The employee in an accident of the work subsequently causing a stoppage of work is entitled to daily allowances in order to partially offset the loss of salary.

The daily allowance is paid from the day after the day of the accident (the day when the accident occurs is completely paid by the employer).

These allowances are versed for all the period of incapacity for work until the complete cure (or consolidation of the wound or the death).

Calculation of the amount of the daily allowance
The daily allowance is calculated from the gross salary of the month preceding his work stoppage, this salary, divided by 30.42, will determine the daily base salary.

Maximum amount:
From 01 to the 28th day of absence: the percentage of the daily reference salary is 60% (the maximum amount per day is 182 euro).

From the 29th day of absence: the percentage of the daily reference salary is 80% (the maximum amount per day is 242.67 euro).

Beyond 3 months of arrest, the daily allowance can be adjusted on general increase in wages (case of a flat-rate adjustment: applied a factor of 1.01 to daily gain of base).

Calculation of the amount of the pension:
If the employee victim of an occupational accident preserves after-effects and suffers from a durable reduction in his physical or mental capacities, the primary health insurance office determines a rate of permanent disability based on this rate the employee enjoys indeterminacy in the form of a life annuity (or capital allowance).

If the doctor notes after-effects justifying a rate of permanent disability equal to or higher than 10% the victim can be given a annuity.

An average salary for pension varies:

  1. Disability of 50%: 25% of the salary.
  2. Disability of 60%: 40% of the salary.
  3. Inability to 70%: 55% of the salary.

In the event of incapacity equal or superior to 80% rate, the amount of the pension is increased by 40% (the obligation of assistance of a third person). The amount of this increase cannot be less than 1082.43 euro per month.

Leave a Reply