Accident at work to: steps to be taken

Verified 06 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Accident at work If you are a victim of an injury (e.g. a machine used in the course of work), you must report it to your employer and have your injuries recorded by a doctor. These steps allow you to benefit from the support at 100% medical expenses related to the accident. Your employer must report the accident to your social security agency (CPAM, MSA: titleContent) that you depend on.

As soon as you are the victim of work-related accident, you must inform (or have informed) your employer of your accident at work by any means (email, telephone, SMS, etc.).

This procedure must be carried out on the day on which the accident occurred or at the latest within 24 hours.

This period shall not run in the event of force majeure or absolute impossibility or legitimate reason (e.g. in case of hospitalization).

Warning  

if the information cannot be given at the scene of the accident, it must be sent by registered letter.

Accident report

It is up to your employer to report your work accident to the CPAM: titleContent or to the MSA: titleContent in the 48 hours (excluding Sundays and public holidays). He may make reasoned comments on whether the accident was professional or not.

However, if you find that your employer has not done so, you can report the accident to your CPAM or MSA yourself within two years. Your social security body informs you by post of the receipt of the accident report.

FYI  

failure to make a declaration or a declaration made out of time shall be punishable by a fine (maximum of €750 for a natural person or €3,750 for a legal person).

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General scheme employee

Online

An online service accident at work allows declaring a journey or a journey directly online:

Accident at work Online trip or journey (DAT) declaration

By correspondence

A form shall be completed and sent to the CPAM or the MSA:

Accident at work Declaration of journey or journey

Who shall I contact

Temporary agency worker

A form should be completed and sent to Carsat:

Accident at work Information prior to the declaration of

Who shall I contact

Pupil or student doing a company internship

If the accident concerns a pupil or student who is on a traineeship in company, the trainee's host organization must send the educational establishment a copy of the declaration of an accident at work (DAT) without delay.

Wage certificate

If the accident results in a work stoppage, your employer also sends your social security organization a certificate necessary to calculate the daily allowances to which you are entitled.

Your employer must specify whether the salary is maintained in full. If that is the case, the employer is the one who receives the per diems.

When you return to work, your employer must draw up a new certificate of salary on which the actual date of return to work must be indicated.

Accident sheet to be given to the employee

Your employer must also give you a accident sheet.

You must present it systematically (hospital, pharmacy) to benefit from the paying third party. Accident at work Medical expenses related to the treatment are reimbursed to 100% without advance payment.

You should have your condition checked by the doctor of your choice.

The latter draws up a medical certificate (in two copies) describing the injuries, their location, symptoms and possible sequelae of the accident.

The doctor sends one of these certificates directly to the CPAM or the MSA and gives you the 2nd certificate (teletransmission possible).

The doctor shall, if necessary, issue a certificate of cessation of work. If your work stoppage is extended, the doctor will issue an extension medical certificate.

Deadline

After receiving the declaration of accident and the initial medical certificate, your Social Security organization has a period of 30 days to recognize or not the professional nature of your accident.

If a further examination or investigation is necessary, the period for the investigation shall be extended by 2 months.

Further examination or inquiry

If your employer is reluctant about the professional nature of the accident, or if your social security organization deems it necessary, the following steps may be taken:

  • either to an examination (in the form of a questionnaire) of the circumstances or cause of the accident with the employer and yourself,
  • Either to a survey (in case of death of the employee, the survey is mandatory).

The CPAM or the MSA informs you of this approach, by registered letter with acknowledgement of receipt, before the expiry of the period of investigation (30 days).

The CPAM or MSA may also subject you to a medical examination by a medical consultant. The job of the supervisor is to ensure that your work stoppage is justified.

Decision of the CPAM or the AMM

The reasoned decision of the CPAM or the MSA is notified personally (or to your rights-holders in case of death). It is also addressed to your employer and your treating doctor.

In the absence of a decision by the CPAM or the MSA within the prescribed period, the professional nature of the accident shall be recognized.

If the professional nature of the accident or relapse is not recognized, your social security body specifies the means and time limits for redress.

If the CPAM or MSA refuses, you can appeal. To do this, you must enter the Amicable Appeals Board (CRA) in writing (a registered letter with acknowledgement of receipt should be preferred).

General case
Who shall I contact
Agricultural arrangements
Who shall I contact

After notification of the accident, your employer gives you an accident sheet. This allows you to benefit from the accident at work free treatment in connection with treatment

You must present this sheet to each healthcare professional consulted (doctor, nurse, physiotherapist, pharmacist, etc.), who mentions the actions performed.

This sheet is valid until the end of the treatment.

At the end of the treatment or when it is completely filled in, you send this sheet to your CPAM or MSA. Your social security agency will issue you a new one if necessary.

After healing or consolidation from your injury, your condition may get worse. This is called relapse.

In this case, you must report your relapse to your Social Security organization by sending a medical certificate issued by your treating doctor.

The CPAM or MSA will forward a copy of this statement to your employer. Accident at work The latter may make reasoned remarks about the relationship between relapse and initial exposure.

The CPAM or MSA provides the employee with a new accident sheet.