Occupational Diseases

This is a disease caused by working conditions.
All diseases set down in a table of occupational diseases (established by decree) are presumed to be occupational in origin and contracted under the conditions mentioned in the table.

A disease not designated in this table can be recognised as being occupational in origin if it is established that:

• it is essentially and directly caused by the victim’s usual work;
• and it has lead to the victim’s death or permanent disability of 25% (since 23 April 2002, compared with 66.66% before that).

If a doctor establishes that you are suffering from an occupational disease, you must declare this to your primary health insurance fund:

• within 15 days following the cessation of work;
• using Cerfa form No 60-3950 supplied by the fund or by the industrial doctor if he has established the occupational disease.

You must enclose with the declaration:

• the first two sections of the medical certificate drawn up by the doctor;
• if you have stopped work, the salary certificate drawn up by your employer.

The case is handled by the primary health insurance body (CPAM) which must issue an opinion within three months.

After this deadline, if there is no answer from the CPAM, the disease is regarded as recognised.
The deadline may be extended by three months for additional investigations.

Occupational diseases entitle you to the same allowances as occupational accidents.

Occupational Accidents

The following are regarded as occupational accidents, regardless of the cause:

• an accident that occurred because of or during work;
• affecting all employees or people working for whatever reason or in whichever place, for one or more employers or company heads.

You are covered by this if you are:

• an employee;
• a vocational training trainee;
• a student or pupil in a technical school;
• a pupil in a secondary school or specialised school during workshop or laboratory activities;
• a beneficiary of retraining leave;
• a person completing a functional adaptation or professional rehabilitation course;
• a recipient of the minimum welfare payment (RMI) for accidents that occurred because of or during action to promote employment.

You are a job-seeker

You are covered by accidents that occurred because of or during activities:

• to help set up a company;
• involving guidance, evaluation and support in job-seeking given or prescribed by the National

Employment Agency

You are also covered in the case of accidents that occur during support activities organised by job-seeking clubs and groups.

Special case: employees on mission

If you are an employee on a mission outside your undertaking, only the accidents directly relating to your professional activity are taken into account.
For example, if you have an accident at the hotel where you are staying for the mission, outside of working hours, it will not be regarded as an occupational accident.

Travel Accidents

An accident which occurs to an employee while travelling is regarded as a travel accident, if travelling:

• between his/her home and place of work (perhaps holiday home, under certain conditions);
• between his/her place of work and the place where meals are normally eaten.

Other cases

If the accident takes place within the premises of the undertaking, for instance in the car park when leaving, it is an occupational accident.

If you make a detour to obtain everyday necessities (purchases in a shop, etc.), it is not, in principle, an occupational accident. If the accident occurs in your own home, just when you arrive or are leaving, it is not an occupational accident.

N.B.: whether or not a travel accident is accepted as an occupational accident is decided by jurisprudence (court ruling). Thus the Court of Cassation accepts travel accidents if the interruption of the normal trip is for reasons essential to everyday life.

Source: Service-Public.fr

For further information, contact:

• the staff representatives or a trade union organisation
• the primary health insurance fund
• the Employment Information Service of the Ministry of Employment: 0 825 347 347 (0.15 euro/minute)
• the Departmental Directorate for Labour, Employment and Vocational Training (DDTEFP). 

Text last edited on: 01/09/2003 

Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.