#2026-354France updates compensation rules for permanent incapacity after work accidents and occupational diseases
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This decree changes how France calculates compensation for workers who suffer permanent incapacity after a workplace accident or occupational disease. It separates incapacity into two parts: a professional part linked to loss of earning capacity, and a functional part linked to the person’s lasting physical or mental harm. The professional incapacity threshold is set at 10%. The decree also creates a formula for calculating the annual functional portion of the pension, using incapacity points, official point values, conversion tables, and the victim’s age when the condition is confirmed or later revised. The new rules start on 1 November 2026, with monthly payment changes for some older pensions starting on 1 January 2028.
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Key Changes
- Splits permanent incapacity compensation into professional and functional components.
- Sets the professional permanent incapacity threshold at 10%.
- Creates a calculation method for the functional pension portion based on incapacity points, official values, conversion tables, and the victim’s age.
Obligations
What this law requires
When determining compensation for permanent incapacity caused by a workplace accident or occupational disease, competent compensation bodies must distinguish and fix two separate incapacity rates: the permanent professional incapacity rate and the permanent functional incapacity rate.
Competent compensation bodies must apply a 10% threshold for the permanent professional incapacity rate when determining entitlement to the professional part of compensation.
When calculating the annual functional part of a permanent incapacity pension, compensation bodies must divide the product of the number of permanent functional incapacity points, the applicable percentage, and the official point value by the capital-to-annuity conversion value set by the official conversion table.
For the initial calculation of the functional part of the pension, compensation bodies must use the capital-to-annuity conversion value corresponding to the victim’s age on the date of consolidation.
When the permanent functional incapacity rate is revised, compensation bodies must recalculate or attribute the functional part using the victim’s age on the date of revision of that rate.