A workplace accident is an incident that occurs on the work premises, but it can also involve an accident during a professional trip or even while commuting to work.
 |
| WORKPLACE ACCIDENT: UNDERSTANDING LEGAL PROCEDURES |
In any case, being well-informed and following the legal procedures in line with the governing laws is crucial. In this article, we present the important steps to follow, from reporting to resorting to legal action in case of disputes.
Reporting a Workplace Accident
The initial step involves reporting the accident itself, essentially documenting the occurrence of the workplace accident.
It's essential to note that for an incident to be considered a workplace accident, it must happen within the scope of your professional activity and result in the sudden appearance of injuries – which were not present before.
In case of a workplace accident, prompt reporting and proper documentation are critical for legal proceedings and compensation.
- Notify your employer within 24 hours, unless under force majeure.
- Employer reports the accident to CPAM within 48 hours.
- Employer's right to express reservations on the accident's professional nature.
- Provision of a certificate for calculating daily allowances if the accident leads to work stoppage.
Remember: Timely reporting ensures smoother processing of your claim and benefits.
Declaring a Workplace Accident
As per the Social Security Code, the victim of a workplace accident must inform or ensure the employer is informed no later than 24 hours after the accident, unless it's a case of force majeure.
Subsequently, the employer must report the accident to your CPAM (Causse Primaries assurance Maladies - Primary Health Insurance Fund) within 48 hours. The employer reserves the right to express reservations regarding the professional nature of the accident.
If the accident leads to a work stoppage, the employer must also provide your CPAM with a certificate necessary for calculating daily allowances. CPAM then notifies you by mail of the successful reception of the workplace accident report.
Declaring a Commuting Accident
In the case of a commuting accident, an accident occurring between home and the workplace, or between the workplace and the usual or recurring lunch location, the procedures are relatively similar.
You need to prove to your employer that it's an accident qualifying as part of your commuting, i.e., beyond your control and resulting in injuries. Your employer must report it to your CPAM, and the subsequent procedures align with those mentioned earlier.
Special Case of Employee On Mission Accidents
For professions like sales representatives, the jurisprudence of the Cour de cassation (French Supreme Court) finds it challenging to distinguish between a professional act and an act of daily life.
In this scenario, the employer must prove that the employee had interrupted their activity for personal reasons.
Consultation with a Practitioner
You must have your condition assessed by a chosen physician, your primary physician, or another practitioner. The examining doctor must then issue a medical certificate, detailing observed injuries as precisely as possible and indicating any potential long-term effects.
If necessary, the doctor provides a sick leave certificate. For extensions of your sick leave, during a follow-up appointment after the accident, they issue a medical certificate of extension. Ensuring this is done properly is crucial for legal coverage.
Recognition of Accident Status
Once the initial steps are taken—reporting your accident to your employer, their subsequent report to your CPAM, and providing them with the medical certificate—the CPAM has 30 days to determine the accident's status.
Further examination or inquiry may occur if the employer expressed doubts about the accident's nature and/or if CPAM deems it necessary.
Determining the status of a workplace accident involves specific steps and assessments that affect your legal entitlements and further proceedings.
- CPAM has 30 days to assess the accident's status after initial reporting.
- Additional inquiry or examination if doubts persist about the nature of the accident.
- Employer's reservations may prompt further investigation by CPAM.
Important: This stage impacts the subsequent course of action and potential compensation, so timely cooperation is key.
In Case of Disputes with the Injured Party
In case of disputes, which are never ideal, it's important to be aware of the available recourse. If your employer raises doubts, and after investigation.
CPAM contests the workplace accident report but you believe you're within your rights, it's crucial to seek assistance from a lawyer specialized in health law or bodily harm. They can represent and defend you in the Tribunal de Grande Instance (High Court).
0 Comments