The accident occurred by the fact or on the occasion of work is considered as. However, the employer can prove that there is no link between the accident and the work and remove this presumption.

An accident cannot be qualified as₪ that if it meets certain conditions which must be met:

• It is attached to a sudden event and which can be accurately dated (for example, when carrying a cardboard box, an employee stumbles on a cable and twists his ankle)
• It leads to a lesion, physical or psychological (regardless of severity).

One travel accident occurs as for him between the place of work and the habitual place of residence of the employee. An accident occurred between the place of work and the usual place of catering of the employee also constitutes a travel accident.

Commuting accidents are covered by social security and compensated, as are accidents at work, to which they are assimilated.

The employer must make the same declarations and procedures.

The employer is usually informed of the accident at work by the employee who is the victim of it (but any other competent person, a colleague for example, can take care of it if he cannot inform his employer himself). The employer must be notified within one day or at the latest within 24 hours, except in the case of force majeure, absolute impossibility or legitimate grounds.

As soon as he becomes aware of a, the employer must make a declaration of achievement (DAT).

This declaration must be made for all its employees, regardless of their place of activity (teleworking, travel, ...) or the nature of their contract (DTA: titleContent, FIXED-TERM CONTRACT: titleContent, learning, ...).

The employer must inform thelabor inspection in a maximum 12 hours after death of an employee who has occurred as a result of an accident or journey. This information must be done by any means to prove the date of sending (email, letter  RAR: titleContent).

The information transmitted to the labor inspectorate shall include the following:

• Name or business name, postal and electronic addresses and telephone numbers of the company or establishment that employs the worker at the time of the accident and of the company or establishment in which the accident occurred, if different from the employing company or establishment
• Surname, first name and date of birth of the victim
• Date, time, place and circumstances of the accident
• Identities and contact information of witnesses, if any.

Failure to comply with this obligation is punishable by a fine (€1,500 for a natural person and €7,500 for a legal person).

The employer may express reservations, which must be reasoned, with the health insurance fund, if he has doubts about the professional nature of the accident (for example: the accident did not occur during or during work).

He can do it or at the time of reporting, or by letter RAR: titleContent within a maximum of 10 days after that statement.

The social security body (CPAM or MSA) is responsible for verifying the elements transmitted and carries out if necessary contradictory investigations (i.e. involving the employer and the employee) before deciding whether or not the accident was professional.

FYI  

The social security fund may set up a questionnaire and invite the employer, the employee and any witnesses to answer it.

This Professional Risk Questionnaire (QRP) is now integrated into the service package of the company Account on Net-companies.

To be able to access a questionnaire, the employer must be authorized to use the “DAT: Declaration of accident at work or on the way” service.

One Guide shall be made available in order to help companies to take ownership of this procedure:

Occupational Risk Questionnaire (QRP)

National Health Insurance Fund (Cnam)

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The social security organization (CPAM or MSA) notifies the employer and the employee of its decision by mail. This decision specifies the possibilities of appeal.

The employer must give the employee who was the victim of the accident an accident form, which must enable him to obtain full coverage of the care related to the accident, without advance payment of costs.

Workplace Disease Sheet

The employer must draw up a salary certificate and send it to the social security agency. It is on the basis of this certificate that the health insurance calculates and pays the daily allowances to the employee, or to the employer in case of subrogation.

For employers subject to the DSN, the elements necessary to examine the employee's entitlement to daily allowances and to calculate their amount are automatically transmitted via the payroll software that feeds their monthly DSN.

Registered Social Declaration (DSN)

If the company has a social and economic committee (CSE), the employer informs him by any means of the accident that occurred in the company.

The ESC may decide to carry out an investigation to determine the causes of the accident.

In companies with 50 or more employees, the ESC has enhanced powers in the prevention and analysis of occupational accidents. For example:

• Holding of a meeting, following any accident that has led or may have led to serious consequences
• Possibility to use an authorized expert in case of serious, identified and current risk found in the institution.

The employer must analyze in detail the circumstances of the accident and define preventive and corrective actions in order to prevent a new accident from happening again.

The National Institute of Research and Security (INRS) provides information available to employers to help them in this process:

Analysis of accidents at work

National Research and Security Institute (INRS)

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Acting on a

National Research and Security Institute (INRS)

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A risk constitutes new information on a risk and requires the employer to update the DUERP.

When a {circumflex over (a)} causes a stop, the employment contract is suspended as of the start date of the work stoppage.

The remuneration of the employee is provided by the Social Security daily allowances and, subject to conditions, by a supplement paid by the employer.

The employee also benefits from protection against dismissal: the termination of the contract is only possible in the event of gross negligence or impossibility of maintaining the contract for a reason foreigner to the accident (the total and definitive cessation of the company's activity for example).

At the end of the work stoppage, the employee does not necessarily have to undergo a medical examination. However, the employer must organize a resumption visit if the employee has been absent for at least 30 days for occupational accident.

When the physical or mental state of health of an employee no longer allows him to occupy his position, the occupational physician may issue a medical opinionunfit. This notice then obliges the employer to look for a reclassification position compatible with the employee's state of health. If no suitable position is available, or if the employee refuses the proposal, the employer may initiate a dismissal procedure.