Accidents de Travail

Prestations d'invalidité et d'accident de travail

Work injuries are divided into four categories: (i) permanent total incapacity (ii) permanent partial incapacity (iii) temporary incapacity and (iv) fatal injury leading to death of a worker.

There is no minimum qualifying period for access to benefits under work injuries. Accidents that occur on the way to and from work are covered.

Workers are covered under the Social Security Code, Livre II, ‘Assurance Accident’.

In the event of temporary incapacity, the insured person receives full wage for up to 52 weeks over a reference period of 104 weeks, regardless of the cause of sickness (whether it is normal sickness or occupational accident). For the first 77 days of disability, the employer, who is then partly reimbursed by State Health Insurance Office, pays the salary. After this period, the Office replaces the employer in the payment of wages.

In the case of permanent disability or at the end of the first 52 weeks, an annual allowance is paid. The amount of allowance depends on the degree of incapacity and the pay worker was receiving preceding the accident. In the event of permanent disability, the victim benefits from a full annuity equal to 85% of the former wage, limited to the legal salary ceiling. If the degree of incapacity is partial, the annuity is paid according to the percentage of disability. If incapacity is more than 50%, the annuity is increased by 10% per dependent child, up to a maximum of 100%.

In case of fatal injury leading to death of a worker who was less than 65 years old, survivor’s pension is paid. The benefit is calculated by multiplying 1.85% of the annual income and the number of years between the date of death of the worker and the date when he would have turned 65. If the deceased was less than 55 years old, the number of years taken for this calculation is always ten.

The spouse or partner is entitled to an annuity of three quarters of the resulting amount, limited to the legal salary ceiling. A child up to the age of 18 (27 if full-time student) receives an allowance of one quarter of this amount. The total of the survivors’ benefit cannot exceed the calculated amount.

Funeral allowance is also provided.

sources: §97-129 of Social Security Code 1925, last amended in 2013