The partial permanent disability pension
When the occupational accident or the occupational disease causes after-effects, the victim is entitled to receive a compensation : partial permanent disability pension. For any work-related or occupational disease, the practitioner issues a medical certificate that states the victim has been cured or his condition stabilized and what the final consequences are.
It is only the medical officer ( Social security) who can fix a partial permanent disability rate, i.e. impairment to physical and psychological integrity.
According to the French Social security code ( Article L. 434-2), this medical officer ( Social security) estimates the rate of the partial permanent disability, according to his victim’s medical examination and the final consequences written by the practitioner on the final certificate .
He uses scales to determine this rate :
- a scale is specific for the work accidents,
- called in French : Barème d’invalidité suite à un accident du travail,
- another sacale is specific for the occupational diseases,
- called in French Barème d’invalidité suite à une maladie professionnelle.
These scales are indicative.
The partial permanent disability pension compensates for physical and mental harm, loss of earnings, however the pain is not compensated. The pain is compensated too only in the case of recognition of inexcusable negligence by the employer. Sometimes it is proved the occupational accident or the occupational disease was caused by an inexcusable negligence ( called in French “Faute inexcusable“.)
Compensations for permanent disability may be paid :
- as a capital (lump sum), when the permanent disability rate is less than 10 %,
- or as a pension when this rate is equal or superior to 10 % : the pension is paid every three months.
Any victim can convert a quarter of his pension in capital.
It is a life annuity which means that the pension is paid up to the death of the victim.
In case of fatal occupational accidents, the pension is paid to the right holders.
If the permanent disability rate is less than 10 %, the victim is entitled to receive the following capital ( it is not linked to the wage), according to the French Social security code ( article D 434-1) :
- 1% d’IPP : capital paid is 342,94 €
- 2% d’IPP: capital paid is 557,34 €
- 3% d’IPP: capital paid is 814,41 €
- 4% d’IPP: capital paid is 1 285,37 €
- 5% d’IPP: capital paid is 1 628,31 €
- 6% d’IPP: capital paid is 2 013,92 €
- 7% d’IPP: capital paid is 2 442,21 €
- 8% d’IPP: capital paid is 2 913,69 €
- 9% d’IPP: capital paid is 3 427,84 €
In French, partial permanent disability is called Incapacité Permanente Partielle, IPP)
Any victim may contest the rate.
In the event of a relapse or an aggravation in the victim’s state of health following the occupational accident or the occupational disease, the rate may be reviewed by the social security .
You can also read the following posts :
- Occupational accidents : definitions
- Occupational accidents : formalities
- List of the French tables of occupational diseases ( General Social security system)