In France in 2021, there were nearly 640,000 work accidents, excluding commuting accidents. Work accidents can be multiple: falls, burns, collision with a heavy object, etc. In certain cases, the employee will benefit from work leave, ordered by a doctor. To compensate for the loss of salary, the employee will then receive compensation to compensate for the loss of salary.
Do we lose wages during time off work after a work accident? Who pays the compensation?
A person on sick leave following a work accident will therefore receive daily allowances (IJ). They are paid by the health insurance scheme on which the employee depends. In addition and according to certain criteria, the company for which he works may pay him additional compensation.
What is the number of waiting days for compensation after a work accident?
In the case of work stoppage following a work accident, the three-day waiting period generally applied for stoppages does not exist. “Daily allowances (IJ) are paid to you by your healthcare organization. social Security from the 1st day following stopping work, without waiting period“, indicates the French administration website. Concerning the day of the work accident, it is the employer who pays the salary.
How to calculate the rate of daily compensation (IJ) after a work accident?
The amount of daily compensation (IJ) paid by the social security organization following a work accident actually depends on each employee. “If you are an employee, paid monthly, your health insurance plan (CPAM or MSA) determines a daily reference salary“, indicates the public service website.
To calculate, simply refer to the gross monthly salary of the previous month. This gross salary must be divided by 30.42. You will therefore obtain the amount of reference daily wage. Please note, it is not this amount that you will receive, but a percentage of it. This percentage is up to 60% during the First 28 days off and of 80% from the 29th day off.
However, the amount of daily compensation (IJ) during sick leave after a work accident cannot exceed what is called the net daily gain. It is calculated like this: daily reference salary – 21%.
Example :
Your gross monthly salary for the previous month is €1,800. You must divide 1800 by 30.42. This gives €59.17, this is the reference daily wage. THE net daily gainit is €46.75 (€59.17 – 21%).
For a 30-day leave following a work accident, you will have for the first 28 days a daily allowance of €35.50 (€59.17 x 60%). From the 29th day, you will have 80% of the daily salary, therefore €59.17 x 80% = €47.34. Except that this amount is greater than the net daily gain of €46.75. You will therefore have €46.75 during the last two days.
Supplementary compensation: how to know if L’employer makes THE maintenance salary?
To benefit from partial salary maintenance from the employer after a work accident, you must meet the following conditions: you must neither be a home worker, nor seasonal, nor intermittent or temporary worker and you must have at least one year of seniority in the company. You must have informed your employer within 2 days of your accident and your stoppage and have sent the medical certificate. You must also be treated in France or in one of the member states of the European Economic Area (EEA) and finally, benefit from social security IJ.
What is the amount of additional compensation paid by the employer after a work accident?
As with social security compensation after a work accident, additional compensation paid by the employer depends on the duration. “During the first 30 days of work stoppage, the amount corresponds to 90% of the gross remuneration that you would have received if you had worked. From the 31st day of cessation, this amount is only 2/3 (66.66%) of the gross remuneration that you would have received if you had worked“, specifies the French administration website.
Please note, this additional compensation is made after deduction of compensation paid by the CPAM (primary health insurance fund) or the MSA (agricultural social mutuality). However, certain collective agreements allow for a higher amount. The duration of the additional compensation depends on length of service in the company. That is to say, the greater the seniority in the company, the longer and higher the compensation will be.
For more information, go to the French administration government website: www.service-public.fr.