French companies are legally obliged to pay a social contribution that is governed by the frequency of their work-related accidents. As well as being very expensive for some companies, this obligation underlines the need for employers to maintain a safe working environment.
Certain compensation is also payable to employees who are the recognised victims of work-related accidents.
How is a work-related accident defined?
In France, a work-related accident is an event that:
- occurred suddenly and/or unexpectedly in the course of the employee’s work, and
- caused the employee physical and/or psychological damage.
The accident must carry a definitive date and have occurred while the employee was under the employer’s authority, even when not on the company’s premises or during their official working hours (such as attending an external training course).
If the accident does occur on company premises, it is automatically assumed to be work-related pending investigation of the details.
What are the employee’s obligations following a work-related accident?
The employee must inform their employer of the accident as soon as they are able to. This must happen within 24 hours, unless they absolutely cannot or there is a legitimate reason, such as hospitalisation. The employee must also have their condition independently assessed by a doctor and provide a medical certificate for their absence (“arrêt de travail”).
What are the employer’s obligations?
The employer must report the accident to the Caisse Primaire d’Assurance Maladie (CPAM) within 48 hours, excluding Sundays and public holidays. The employer’s report may include réserves, which are justified comments about whether they believe the accident to be wholly work-related (e.g.. the employee was limping before an accident at work when they supposedly broke their leg).
The employer will also provide the employee with a feuille d’accident du travail. This is a form that entitles them to fully-compensated medical care without any advance payment.
If the accident results in sick leave, the employer will also send a certificate to the CPAM that is required to calculate the employee’s daily benefits. Along with full medical expenses, the employee will receive compensation from the first day they were unable to work as a result of the accident.
What other considerations follow a work-related accident in France?
The employer may be subject to a fine if they do not report the accident to the CPAM within the obligated 48 hours, or if they fail to declare it altogether. In almost all events, a late declaration will result in the employer receiving a letter asking for an explanation of the late submission.
If the employee suffers permanent physical or mental impairment, the CPAM will establish a permanent disability rate (Incapacité Permanente Partielle) which enables them to receive compensation, paid either as a lump sum or a life annuity depending on the level of incapacity.
Can we help clarify your obligations as an employer in France?
Our bespoke HR services help UK companies with a presence in France to understand their legal obligations and clarify any confusion around French employment processes. Please contact us to arrange a free initial consultation.