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accident at work: daily allowances during work stoppage

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

If you are an employee who has stopped work because of a accident at work, you are entitled to a daily allowance (LTD) paid by your health insurance plan (CPAM: titleContent, MSA: titleContent,...). The amount of compensation and the conditions for payment differ from those for a sickness stoppage. You may also receive additional benefits from your employer, subject to conditions.

You are concerned if you are an employee who has been injured on the job. This is the case if you are the victim of one or more bodily injuries that occurred during the work (example: a worker who falls from a scaffolding and breaks his leg).

You are entitled to a Daily Allowance (LTD) from your health insurance plan. YIs are intended to partially compensate for lost wages.

Formula

If you are an employee, paid on a monthly basis, your health insurance plan (CPAM: titleContent, MSA: titleContent) determines reference daily wage.

This daily wage is calculated by dividing the amount of your gross salary received in the month before the start of the sick leave by 30.42.

This reference daily wage cannot exceed €366.89.

Thus, if the result of the calculation is greater than this amount, it is €366.89 which is taken into account.

Your daily allowance (LTD) will be equal to a percentage of the reference daily wage that has been calculated. This percentage varies depending on the duration of your illness and within the limit of a called amount net daily gain (daily wage less 21%). Their amount is capped.

Thus, the amount of IJs is calculated differently between the 1to and 28e day of shutdown, then from 29e day.

FYI  

benefits in kind are normally included in the basic salary used to calculate the LTD except if you no longer benefit from it during your stopover (example: food allowance).

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1st to 28th day off

Daily allowances are 60% of your reference daily salary.

The net daily wage is 1/30.42 of your previous month's salary, reduced by a flat rate of 21%.

Daily allowances shall not exceed €220.14.

Example :

For an employee who won €1,800 gross, the month before his stoppage of work, the reference daily wage is €59.17 (1,800 / 30.42). The net daily gain is €46.75 (59.17 - 21%).

Thus, its IJ will not be able to exceed €46.75.

The IJ will amount to €35.50 (reference daily wage x 60%, or 59.17 x 60%). This amount is less than the net daily gain that was calculated (€46.75).

The CSG (6.2%) and CRDS (0,50%) are then deducted from the amount of daily allowances due.

From the 29th day of shutdown

Daily allowances are 80% of the reference daily wage for work stoppage from 29th day.

The net daily wage is 1/30.42 of the previous month's salary, reduced by a flat rate of 21%.

Daily allowances shall be capped at €293.51.

Example :

For an employee who won €1,800 gross, the month before his stoppage of work, the reference daily wage is €59.17 (1,800 / 30.42). The net daily gain is €46.75 (59.17 - 21%).

Thus, its IJ will not be able to exceed €46.75.

The IJ will amount to €35.50 (reference daily wage x 60% or 59.17 x 60%) for the first 28 days. This amount is well below the net daily gain that was calculated (€46.75).

From 29e day, the IJ will rise to €46.75 because the calculated IJ (59.17 x 80%) is equal to €47.34, which exceeds the net daily gain.

The CSG (6.2%) and CRDS (0,50%) are then deducted from the amount of daily allowances due.

Revaluation

From 1to July 2020, the possibility of revaluation of daily allowances (PDIs) has been removed.

However, following a work stoppage that began before 1to July 2020, the IJs can still benefit from a revaluation by ministerial decree or by the collective agreement.

Beginning of compensation

In case of accident at work, the day on which the accident occurs is paid in full by your employer.

Daily allowances are paid to you by your social security agency (CPAM: titleContent, MSA: titleContent) from 1to day following the work stoppage, without waiting period.

The same is true in the case of relapse or worsening of the employee’s health.

Warning  

in Alsace-Moselle, special rules apply. Provided that the stoppage is due to an independent cause of the employee, the payment of the IJ begins on 1to the day of the stoppage and the salary is maintained at 100%.

Duration of compensation

Daily allowances are paid for the entire period of incapacity to work, until full recovery or consolidation of the injury (or death).

If your injury is consolidated, a permanent disability rate (PPI) is set by your social security agency (CPAM, MSA: titleContent) and opens payment of a life annuity or a lump sum capital allowance.

Terms

Your employer must pay you an additional allowance during your work stoppage, if you complete all the following conditions:

  • You are not a homeworker, seasonal employee, intermittent or temporary (acting)
  • You justify at least 1 year of service in the company (at 1to day of your absence)
  • You informed your employer within 48 hours and then forwarded your medical certificate
  • You benefit from per diem paid by your social security organisation
  • You are treated in France or in one of the Member States of the European Economic Area (EEA)

Warning  

in return for the obligation to pay the allowances, your employer can use a medical check-up.

Amount

The amount of compensation paid by your employer is calculated over 2 periods as follows:

  • During the first 30 days of work stoppage, the amount corresponds to 90% of the gross remuneration you would have received if you had worked.
  • From 31e on the day of cessation, this amount is reduced to 2/3 (66,66%) of the gross remuneration you would have received if you had worked.

The additional allowance paid by the employer is net of the YI paid by the social security system and, if applicable, of the amounts paid by your supplementary pension plan.

Of treaty provisions may provide for a higher amount.

FYI  

even if the YIs paid by the Social Security are reduced (for example, due to hospitalisation or a penalty of the CPAM: titleContent for non-compliance with the procedure), the additional allowances paid by the employer shall remain calculated on the basis of the daily allowance before reduction.

Payment start date

The payment of supplementary allowances starts on your 1to day of absence. There are no waiting period (i.e., time you would not receive a salary).

Remittance period

Your supplementary benefits are paid until the end of your work stoppage, taking into account any compensation you may have received for an accident at work in the past 12 months.

The length of time the employer pays the allowances varies depending on your seniority in the company, as follows:

Tableau - Period of payment of supplementary allowances according to your seniority

Length of service in company

Maximum duration of payment of allowances during a 12-month period

1 to 5 years

60 days (30 days to 90% and 30 days to 66,66%)

6 to 10 years

80 days (40 days to 90% and 40 days to 66,66%)

11 to 15 years

100 days (50 days to 90% and 50 days to 66,66%)

16 to 20 years

120 days (60 days to 90% and 60 days to 66,66%)

21 to 25 years

140 days (70 days to 90% and 70 days to 66,66%)

26 to 30 years

160 days (80 days to 90% and 80 days to 66,66%)

31+

180 days (90 days to 90% and 90 days to 66,66%)

The 12-month period of payment of allowances shall be assessed for each day of work stoppage from date to date. Every calendar days shall be taken into account.

If you have already received one or more periods of sickness compensation from the employer in the previous 12 months, this is taken into account when calculating the maximum period of entitlement.

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