MANAGEMENT OF AFTER- EFFECTS OF AN ACCIDENT AT WORK OR AN OCCUPATIONNAL DISEASE IN THE FRENCH LEGISLATION

 The nature of the resulting injury becomes permanent  The date of consolidation is determined by : The general practitioner The medical adviser of the National Health Insurance  This date does not necessarily coincide with the resumption of professional activity Concept of consolidation

 This rate is evaluated : By the medical adviser of the National Health Insurance From an official indicative scale providing average rates  The evaluation of this rate is based on the reduction of capacity resulting from the loss or alterations of body organs or functions  The medical adviser writes a detailed report containing in particular : The account of his clinical examination The justification for the fixed rate Determination of the rate of permanent disability

 The medical adviser writes a detailed report containing in particular : The account of his clinical examination The justification for the fixed rate Determination of the rate of permanent disability

Dominant sideNon dominant side Shoulder blocking, frozen shoulder blade55% 45% Shoulder blocking, with mobile shoulder blade 40%30% Average limitation of all movements20%15% Slight limitation of all movements10 to 15 %8 to 10 % Example of rates

The medical adviser must take into account when evaluating the rate of permanent disability  The general condition of the victim  The age  The physical and mental faculties  The skills and professional qualification

 The injuries caused by the accident are the only ones to be compensated  The aggravation of a previous state by accident at work or an occupational disease is compensated  The assigned rate is increased in case of an injury of a limb or an organ on a subject with the homologous member previously destroyed. The previous state

 Applicable in case of multiple infirmities resulting from the same accident  The first infirmity is evaluated according to the total capacity (e.g 20/100 = 20 %)  The second infirmity is evaluated according to the remaining capacity (e.g 10 % of 80 % resulting from the first infirmity = 8 %)  Etc. Formula Balthazard

 Indexed to the salary of the victim  Up to 9 % of Permanent Disability, the financial compensation paid in capital  From 10 %, paid as a lifetime annuity Terms of the financial compensation

 A revision is appropriate if the state of the victim improves or worsens  The death of the victim as a result of consequences of an accident at work or an occupational disease leads to a new setting of a compensation allocated to potential rights holders. Revision of a Permanent Disability rate

 The rate of permanent disability may be contested by the victim or employer  The legal remedy is a specialized court  The National Health Insurance defends its position against the judge (legal department and medical service) Contestation

 When the medical adviser of the National Health Insurance detects a risk of difficulty in the recovery of professional activity and of professional exclusion, he/she contacts : Prevention of professional exclusion The general practitioner of the victim The occupational physician to request an early pre-covery visit The social service to assist the victim in mobilization actions or occupational reclassification

 Training Modules of prevention  Tools for risk’s diagnostics  Financial support to businesses for implementing prevention action Preventive actions taken by the National Health Insurance towards businesses

Thank you very much for your attention Crédit photos-Fotolia-Giovanni Cancemi