woraccident

Claiming Compensation for a Workplace Accident or Occupational Disease

Compensation for accidents at work claims and occupational diseases complement the total care management. What to know about the amount and duration of compensation and the rules set by the Labour Code and Social Security.

  • The care management
  • Allowances in the event of work stoppage
  • The temporary compensation in case of incapacity
  • Compensation for permanent incapacity for work
  • Read also: Rights occupational disease

The accident claims care management process

Health insurance supports the medical care of the employee victim of a work accident or occupational disease. These costs are taken into account even if the employee’s work is not interrupted. They include medical costs, future operations, drugs, devices (prostheses for example) but also the cost of transportation to the hospital or answer a call of the fund.

Work accident claims can happen in many scenarios.

Work accident claims can happen in many scenarios.

This support takes place until the date of recovery or consolidation of the injury of the employee. To qualify for the reimbursement of care, the victim must submit an accident sheet or occupational disease to health professionals.

Allowances in the event of work stoppage

Throughout the period of temporary disability that forces him to interrupt his work, the victim may receive daily allowances to offset loss of earnings. These amounts are paid by the primary health insurance fund.

In case of accident at work, the working day on which it occurred must be paid by the employer. It’s from the day that the payment of daily allowances can begin. When the employee is suffering from an occupational disease, the payment begins at the 1st day of the judgment. These benefits are paid until the complete cure of the disease or consolidation of the injury of the employee.

The amount of daily allowance is equal to a percentage of the base daily wage.

The temporary compensation in case of incapacity

When the employee is deemed unfit by the occupational physician, he can get an allowance called “temporary incapacity allowance” for a period of one month from the first day following the date of the notice of incapacity up ‘the day of the date of his dismissal or his reclassification.

Compensation for permanent incapacity for work

When, after the illness or accident, the employee is suffering from permanent incapacity for work, he is eligible for compensation from the primary health insurance fund. The failure may be total or partial.

These benefits take the form:

  1. a sum, if the rate of disability is less than 10%;
  2. a life annuity when the rate is equal to or greater than that percentage.

The decision to compensate the victim lies with the health insurance fund. It is she who determines the existence of a permanent incapacity for work, the rate and as appropriate:

  1. the amount of the lump sum capital
  2. the amount of the permanent disability pension.

The permanent disability rate is determined depending on the age of the victim, the nature of his disability, his condition, his physical and mental faculties and his abilities and his professional qualification.

Whatever you do, and whichever route you decide to take I would always advise that you use a personal injury lawyer or accident claims company in all cases. That way you should receive the best compensation payouts possible after an accident at work or work accident claims case.