Workplace accidents and occupational diseases in France: the employer’s role
Workplace accidents and occupational diseases entitle employees to specific protection, with particular rules regarding sick leave, compensation and return to or retention in employment.
In a nutshell
- Workplace accidents and occupational diseases entitle the employee to specific protection.
- During a leave of absence, the employee benefits from enhanced compensation with no waiting period.
- The employer must declare the accident, monitor the situation and prepare for their return to work.
- •Termination of the contract remains possible only in strictly defined cases.
How is a workplace accident defined?
A workplace accident is a sudden event occurring during work, occurring on a precisely identified date and resulting in physical or psychological injury. It is distinguished from an occupational disease by its immediate and unpredictable nature.
An accident may be recognized as a workplace accident when it meets three conditions:
- It results from a sudden and unforeseen event.
- It occurs during or in connection with work.
- It causes an identifiable injury, whether physical or psychological.
An accident is presumed to be a “workplace accident” when it occurs during working hours and at the workplace, including during break times.
This presumption also applies, under certain conditions, to an employee on a professional assignment, even outside the business premises or during professional training.
Recognition of a “workplace accident” can be excluded if the accidental event does not result from work and the injury has a cause completely foreign to work (e.g. an accident due to a pre-existing condition unrelated to professional activity).
- If the accident occurs at the workplace and during working hours: The employer or the health insurance fund must prove that the harmful event is not related to the employee’s work or that they were not under the employer’s authority.
- If the accident occurs outside the workplace and/or outside working hours: It is up to the employee to provide proof of the link between the accident and the work performed. In this case, the accident is not presumed to be a “workplace accident.”
What procedures must be followed in the event of a workplace accident?
Informing the employer
The employee must inform their employer within 24 hours by any means (email, phone call, SMS, etc.), barring exceptional circumstances.
Declaring the accident
The employer must declare the accident to the competent body within 48 hours (excluding Sundays and public holidays).
The employer may submit reasoned reservations if they have doubts about the professional nature of the accident.
Declaration procedures must be carried out on the dedicated platform.
Measures to be implemented
Following an accident, the employer must take action to prevent future risks. This process involves analyzing the root causes of the accident, updating the DUERP and deploying appropriate preventive actions tailored to the situation.
How is a commuting accident defined?
A commuting accident occurs during travel between the employee’s residence and the workplace, or between the workplace and the location used during meal breaks. Unlike a workplace accident, there is no automatic presumption of professional origin. The employee must prove the link to the commute.
What conditions must be met?
For a commuting accident to be recognized as such, the following conditions must be met:
- The route must be as direct as possible.
- The travel must take place within a time frame consistent with working hours.
- If the accident occurs during a trip to a dining location, that location must be one habitually used and accessible during work.
The accident must be reported within 24 hours.
What are the consequences of a leave of absence?
When an employee is off work due to a workplace accident or occupational disease, their employment contract is suspended.
During the leave:
- The employee receives daily allowances with no waiting period.
- They benefit from enhanced protection against dismissal.
A meeting may be arranged to prepare for the return to work, particularly in cases of prolonged absence.
Throughout the duration of the leave, the employer cannot terminate the employment contract except in strictly defined situations, such as gross misconduct (faute grave) by the employee or the impossibility of maintaining the contract for a reason unrelated to the accident or illness.
What allowances is the employee entitled to?
Employees on leave for a workplace accident or occupational disease receive benefits from the French social security system.
In the event of a leave of absence, the employee may receive a payment combining social security benefits known as “daily allowances” and, under certain conditions, a salary top-up paid by the employer. Allowances are calculated as follows:
- 60% of the reference salary for the first 28 days.
- 80% of the reference salary from the 29th day onwards.
The reference salary is equal to the gross salary of the month preceding the leave divided by 30.42.
These allowances are paid with no waiting period.
When the leave of absence is not caused by a workplace accident or occupational disease, daily allowances are equal to 50% of the basic daily salary.
Subject to meeting certain conditions (notably years of service and justification of the leave of absence), the employee may receive an additional allowance paid by the employer:
- 90% of gross salary for 30 days
- Two-thirds of pay for the following 30 days.
The duration of these payments varies according to the employee’s length of service.
If lasting effects remain, the employee may receive a lump sum or a pension. The amount depends on the permanent incapacity rate.
In the event of inexcusable conduct (faute inexcusable) by the employer, an additional payment may be awarded.
Commuting accidents are subject to a distinct regime:
- They entitle the employee to daily allowances under certain conditions.They do not trigger the same specific payments as workplace accidents.
How does the return to work or redeployment process work?
At the end of the leave of absence, the employee returns to their previous position or an equivalent role.
A return-to-work medical examination is conducted to assess the employee’s fitness for work.
If the employee is declared unfit, the employer must look for a redeployment option.
How is an occupational disease defined?
An occupational disease results from prolonged exposure to a risk (physical, chemical or biological) within the scope of work.
Recognition can occur in two cases:
- The disease is listed in an official table and the specific conditions are met.
- A direct link to professional activity is demonstrated.
When the disease is not presumed to be of professional origin, the employee must carry out the procedures for the recognition of the occupational disease.
- The employee completes a declaration of recognition of occupational disease with the health insurance fund within 15 days of the start of the leave of absence.
- The social security body informs the employer.
- The request is reviewed by the competent social security body.
- The social security body informs the employee, the employer and the attending physician of its decision.
- In the event of recognition, the employee is entitled to compensation and free medical care.
Once recognition is granted, the employee may be entitled to the following:
- In the event of leave of absence: Daily allowances paid by social security and supplementary indemnity paid by the employer.
- In the event of permanent partial incapacity (IPP): Specific payment and additional payment in the event of inexcusable conduct by the employer.