{"id":2714,"date":"2014-05-01T07:49:07","date_gmt":"2014-05-01T05:49:07","guid":{"rendered":"http:\/\/www.atousante.org\/?p=2714"},"modified":"2018-02-19T09:40:05","modified_gmt":"2018-02-19T07:40:05","slug":"recognition-accident-work","status":"publish","type":"post","link":"https:\/\/www.atousante.com\/en\/recognition-accident-work\/","title":{"rendered":"Recognition of an accident at work"},"content":{"rendered":"

The victim will receive compensation covering all costs if the accident is recognised as accident at work by the Primary Sickness Insurance Fund (called in French Caisse primaire d’assurance maladie, CPAM).
\n<\/p><\/blockquote>\n

Recognition of an accident at work<\/a>
\nMeans of redress in the event of refusal of recognition of the occupational accident<\/a>
\nConsequences of the recognition of the occupational’s origin of an accident
\n<\/a><\/p>\n

 <\/p>\n

An accident at work is a fortuitous event causing bodily harm that is usually easily observable. It is also something that has happened at a specific time and a known place.<\/p>\n

<\/a>Recognition of an accident at work<\/h3>\n

An initial descriptive medical certificate<\/strong> made out by the doctor \u00a0and the employer’s initial accident notification\u00a0must \u00a0be sent to\u00a0the Caisse primaire d\u2019assurance maladie (French local health insurance fund) .<\/p>\n

The French local insurance funds has a period of 30 days to begin investigations<\/strong> if it seems to be necessary : if it is, the Social security informs the victim and the employer.<\/p>\n

According to the French social security,\u00a0article R. 441-10, \u00a0<\/a>when the Social security does not give any answer\u00a0within 30 days of the notification date, \u00a0the\u00a0accident is \u00a0considered an occupational accident<\/a>.<\/p>\n

 <\/p>\n

<\/a>Means of\u00a0redress in\u00a0the event of\u00a0refusal of recognition of the occupational accident<\/h3>\n

In case of administrative rejection
\n<\/strong><\/p>\n

    \n
  • First, the victim takes the matter of the amicable settlement commission<\/strong> (called in French, Commission de recours amiable, CRA),<\/li>\n
  • if the appeals board rejects the application, the victim can bring the case before the Social Security Court<\/strong> (called in French, Tribunal des affaires de s\u00e9curit\u00e9 sociale, TASS) within two months.<\/li>\n<\/ul>\n

    In case of medical rejection<\/strong>\u00a0<\/strong>
    \nWhen the Social security considers the injuries are not related with the     occupational accident<\/a>, the victim ask for a\u00a0medical expertise.<\/strong><\/p>\n

    <\/a>Consequences of the recognition of\u00a0the occupational’s origin of an accident<\/h3>\n

    The victim is entitled to receive compensation if the accident is recognised as accident at work by the Primary Sickness Insurance Fund (called in French Caisse primaire d’assurance maladie, CPAM)<\/p>\n

    When the accident is recognised as occupational accident :<\/p>\n

      \n
    • all the costs of care are covered by the Social security (all medical care are free<\/strong> of charge),<\/li>\n
    • the victim receives daily benefits<\/strong> from the day after the injury for each day of disability (including weekends),\u00a0until recovery, that is equivalent to\u00a0a normal wage,<\/li>\n
    • in case of a hospital stay there is no minimal charge<\/strong> to pay.<\/li>\n<\/ul>\n

      In case of after-effects<\/strong>, the victim will receive a partial permanent disability<\/a> but only when the occupational accident is consolidated. The physician of Social security set the rate for the partial permanent disability, he uses an indicative scale for disability<\/strong> following an occupational accident : bar\u00e8me indicatif d’invalidit\u00e9 accident du travail.<\/a><\/p>\n

      Accident is consolidated<\/strong> means :<\/p>\n

      For any work-related or occupational disease,\u00a0the practitioner issues a medical certificate that states the victim has been cured or his condition stabilized and what the final consequences are.<\/p>\n