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Death of an employee due to an occupational disease: compensation for beneficiaries
Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)
A person who derives his or her right to sickness and maternity insurance by virtue of his or her relationship with an insured person
Marriage, Civil partnerships or cohabitation (common-law)
A person who is divorced, separated or has broken Civil partnerships
The person from whom you come: parent, grandparent, great-grandparent,...
He who has a right through a parent or relative
Legal link between a child and his/her father and/or mother
If you are entitled of an employee who has died as a result of an occupational disease, you may receive financial assistance from your social security body under conditions (CPAM: titleContent or MSA: titleContent). This financial assistance is granted to you in the form of an annuity, that is to say an amount of money paid periodically. Your rights vary according to you live as a couple with him/her or are former spouse, child or ascendant.
What applies to you ?
Spouse
You can apply for the annuity if you are in one of the following cases:
- You live as a couple with the deceased since more than 2 years on the date of death
- You have at least 1 child with the deceased
However, if you have been convicted on a family basis, you will not be entitled to an annuity. This may be the case because of abandonment of the family, non-payment of maintenance or total withdrawal of parental authority.
You must also not have been convicted of non-payment of the financial aid (in the event of dissolution of the Civil partnership and if such aid has been provided for)
Entitlement annuity is not automatically granted. To get it, you must make a request, by post at the sickness insurance fund of the deceased employee.
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General scheme
Agricultural arrangements
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General case
The amount is fixed at 40% the deceased's annual salary.
However, it is lowered to 20% the annual salary, in any of the following cases:
- There was a divorce, legal separation or Civil partnership breakdown, and the deceased was obliged to pay you maintenance or financial support
- The deceased was living with a new spouse, past partner or common-law partner
You are entitled to an annuity supplement, equal to 20% the deceased's annual salary, if you lived in pairs with the deceased and that you fill out one of them the following 2 conditions:
- You have at least 55 years
- You have at least one incapacity for work 50% since at least 3 months
In case of a new union
In the case of a new union (marriage, Civil partnerships, cohabitation) and you have had one or more children with the deceased, you are not entitled to an annuity, but to the one-time payment of an amount equal to 3 times the annual amount of the annuity.
If your new union ends, you can collect the annuity again. However, the annuity must be reinstated within three years.
When several rights-holders are in receipt of an annuity, the total amount of annuities paid may not exceed 85% the annual salary of the deceased employee.
If this ceiling is exceeded, the amount of the pension paid to each entitled person shall be reduced in proportion to the excess.
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General case
The annuity shall be paid from the day following death.
However, you have to apply for it, because it's not automatic.
It is paid every quarter (every 3 months).
Deceased PPI annuitant
Where the deceased was in receipt of a permanent incapacity for work (PIP) pension, the beneficiary's pension is paid from 1er day of the month following the month in which the death occurred. To do so, you must apply.
The annuity shall be paid every quarter (every 3 months).
The amounts collected for the annuity are fully exempt general social contribution (CSG) and social debt repayment contribution (CRDS).
They are not included in the calculation of income tax.
The funeral expenses of the deceased victim shall be borne by the CPAM: titleContent or the AMM, up to €1,932.
The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:
- The death occurred during a business trip
- The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)
Yes, the rights holders of the deceased may also receive, under conditions, a death capital.
Child
If you are a legitimate (i.e. born during marriage) or natural child whose parentage has been recognized or adopted, you are entitled to an annuity until your 20 years.
Entitlement annuity is not automatically granted. To get it, you must make a request, by post at the sickness insurance fund of the deceased employee.
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General scheme
Agricultural arrangements
The amount is set at:
- 25% the deceased's annual salary per child, for the first 2 children, then 20% per child from the 3rd,
- 30% the deceased's annual salary if you become an orphan of both mother and father, either at the time of death or before your 20th birthday.
When several rights-holders are in receipt of an annuity, the total amount of annuities paid may not exceed 85% the annual salary of the deceased employee.
If this ceiling is exceeded, the amount of the pension paid to each entitled person shall be reduced in proportion to the excess.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The annuity shall be paid from the day following death.
However, you have to apply for it, because it's not automatic.
It is paid every quarter (every 3 months).
Deceased PPI annuitant
Where the deceased was in receipt of a permanent incapacity for work (PIP) pension, the beneficiary's pension is paid from 1er day of the month following the month in which the death occurred. To do so, you must apply.
The annuity shall be paid every quarter (every 3 months).
The amounts collected for the annuity are fully exempt general social contribution (CSG) and social debt repayment contribution (CRDS).
They are not included in the calculation of income tax.
The funeral expenses of the deceased victim shall be borne by the CPAM: titleContent or the AMM, up to €1,932.
The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:
- The death occurred during a business trip
- The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)
Rights holders may also, subject to conditions, receive a death capital.
Ascending
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The deceased was living as a couple or had at least 1 child
To be eligible for an annuity, you must prove that you were dependent on the deceased.
Other situation
To be eligible for an annuity, you must prove that you could have obtained support from him.
Entitlement annuity is not automatically granted. To get it, you must make a request, by post at the sickness insurance fund of the deceased employee.
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General scheme
Agricultural arrangements
The amount is fixed at 10% the deceased's annual salary.
When several rights-holders are in receipt of an annuity, the total amount of annuities paid may not exceed 85% the annual salary of the deceased employee.
If this ceiling is exceeded, the amount of the pension paid to each entitled person shall be reduced in proportion to the excess.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The annuity shall be paid from the day following death.
However, you have to request it because the payment is not automatic.
It is paid every quarter (every 3 months).
Deceased beneficiary of a PPI annuity
Where the deceased was in receipt of a permanent incapacity for work (PIP) pension, the beneficiary's pension is paid from 1er day of the month following the month in which the death occurred. To do so, you must apply.
The annuity shall be paid every quarter (every 3 months).
The amounts collected for the annuity are fully exempt general social contribution (CSG) and social debt repayment contribution (CRDS).
They are not included in the calculation of income tax.
The funeral expenses of the deceased victim shall be borne by the CPAM: titleContent or the AMM, up to €1,932.
The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:
- The death occurred during a business trip
- The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)
The successors in title of the deceased may also, subject to conditions, receive a death capital.
Who can help me?
Find who can answer your questions in your region
For further information (in particular concerning the steps to be taken)
Health insurance - 3646
To obtain information about your rights and procedures, ask a question about your file, report a change of situation or consult your refunds.
By telephone
3646
Open from Monday to Friday.
Caution : schedules vary according to your department.
As a general rule, opening hours are at least from 8:30 am to 5 pm.
Free service + call price, from a fixed or mobile phone.
From Mayotte, dial 02 69 61 91 91, Monday to Thursday from 7:30 am to 2:30 pm, Friday from 7:30 am to 12 pm.
From the foreigner: +33 1 84 90 36 46 (toll free + call price).
To facilitate the answers, remember to bring your Vitale card.
By email and chat
Log in to your Ameli account : click on "My steps" and then "consult my exchange space".
You can also use ameliBOT. This chatbot can help you send an email. He can put you in touch with your health insurance fund.
Indeed, if at the end of 2 requests, ameliBOT does not provide you with a satisfactory answer, you can contact a health insurance advisor via the exchange area of the Ameli account.
- Primary health insurance fund (CPAM)
For any further information, if you reside in a department of Ile-de-France, with the exception of the Seine-et-Marne (in particular concerning the steps to be taken)
Ile-de-France Regional Health Insurance Fund (Cramif)- Mutual Social Agricultural Organization (MSA)
General principles
Funeral expenses
Amount and payment of annuity
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