#TRSS2606373ACompensation rules for permanent functional incapacity after workplace accidents and occupational diseases
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This order sets the calculation framework for compensating permanent functional incapacity suffered by victims of workplace accidents or occupational diseases in France. It fixes the relevant percentage at 50% and sets a point-value table based on the victim’s age and incapacity rate. Victims with at least 50% permanent functional incapacity can ask their social security fund to convert part of the functional portion of their pension into a lump sum. The request must be made within six months after pension notification, and the lump sum is paid after that request period ends. Employers and insurers should expect clearer, table-based compensation calculations, especially in serious injury cases and cases involving an employer’s inexcusable fault.
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Key Changes
- Sets the compensation percentage for the functional portion of permanent incapacity at 50%.
- Creates an age- and incapacity-based point-value table for workplace accident and occupational disease compensation.
- Allows victims with at least 50% permanent functional incapacity to request partial conversion of the functional pension portion into a lump sum within six months.
Obligations
What this law requires
Apply a 50% percentage when calculating compensation for permanent functional incapacity under Articles L. 434-1 and L. 434-2 of the Social Security Code.
Use the annexed age-and-incapacity-rate point-value table to determine the applicable point value for compensation of permanent functional incapacity.
Only allow partial conversion of the functional portion of a pension into a lump sum where the victim has at least 50% permanent functional incapacity from a workplace accident or occupational disease.
Submit any request to convert part of the functional portion of the pension into a lump sum to the social security fund within six months after notification of the pension.
Pay the lump sum for partial conversion within one month after expiry of the six-month request period.