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Occupational disease
Victims of pesticides, you can ask for compensation
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Occupational victims with illnesses linked to exposure to pesticides can now apply for compensation. The newly created Pesticide Victims Compensation Fund (PIF) provides for better recognition of these occupational diseases. It compensates farmers but also children who have been exposed to pesticides before birth. Farmers retired before 2002 are also affected. A decree was issued in Official Journal 29 november 2020 under the 2020 social security finance law. Service-Public.fr explains.
Who is involved?
The Fund shall compensate general scheme employees and agricultural workers suffering from an occupational disease linked to exposure to pesticides. It also pays compensation for national solidarity to:
- self-employed insured persons in agriculture;
- agricultural self-employed persons already compensated for an occupational disease related to pesticides before 30 November 2020;
- former farmers, their spouses and family members in receipt of an agricultural retirement pension who have ceased to be self-employed in farming before 1er April 2002;
- children with a medical condition resulting directly from prenatal exposure due to occupational exposure of either parent to pesticides.
Please note
A dedicated website has been created to better accompany your approach: Pesticide Victims Compensation Fund.
What changes with the creation of this fund
For employees, accident at work the amount of benefits paid is equivalent to that allocated by the compulsory occupational diseases and health schemes of employees of the general scheme and the agricultural scheme.
For self-employed farmers (farm manager, employee, family helper and solidarity contributor), the compensation fund shall award additional compensation to improve their level of compensation. The new compensation arrangements for self-employed persons (other than insured persons under the Alsace-Moselle scheme) are as follows:
- Per diem: there is no longer a waiting period (previously 7 days).
- Amount of daily allowance: 60% or 80% the minimum annual wage of €18,631.28 to 1er April 2020 (instead of 60% or 80% of the Annual Flat Rate Gain (AFG) which is €13,053.90 to 1er April 2020).
- Capital allowance: compensation is now paid if the victim's permanent disability rate (PPI) is between 1% and 9%.
- Annuity for the victim: an annuity is granted if the PPI rate is between 10% and 100%. It is determined in relation to the minimum annual wage. Previously, an annuity was granted if the PPI rate was between 30% and 100%. She was determined in relation to the GFA.
- Entitlement annuity: this annuity is now calculated on the basis of a percentage of the minimum annual wage and no longer on the GFA.
How do I do the procedure?
If you are a victim of an occupational disease related to pesticides (including if you are retired before 2002), you must file your application for recognition of an occupational disease with the affiliation fund on which you depend:
- CPAM ;
- MSA Fund in your region;
- General Social Security Fund (CGSS);
- Alsace-Moselle local farm accident insurance fund.
Claims for compensation for a prenatally exposed child are made directly to the pesticide compensation fund.
FYI
The time limit for referral to the Fund shall be the same as that for any application for recognition of an occupational disease. You can submit your application within 2 years from the date of your first medical certificate establishing the possible link between your illness and your professional activity.
Please note
For general information on the steps to be taken or the deadlines, you can call the 0 800 08 43 26 (toll-free number) Monday to Friday from 8:30 am to 12 pm and from 1:30 pm to 4:30 pm.
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