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Partial permanent incapacity: calculation and compensation

Partial permanent incapacity: definition

Employees who are victims of an accident at work or an occupational disease can benefit from compensation in the event that their working capacity is permanently reduced due to this accident or this disease. The consequences caused by an accident at work or an occupational disease can reduce the physical or mental capacities of an employee. Social security then determines a permanent disability rate which allows it to receive compensation. It is the partial permanent disability rate that determines the form of compensation: either in capital or in life annuity.

To note: there is no particular procedure to take to benefit from the compensation, it is the health insurance fund or the MSA which examines the file.

Calculation of the partial permanent disability rate

It is the CPAM or the MSA which is responsible for setting the partial permanent disability rate (IPP) based on information collected from the medical advisor and the occupational physician, in certain cases. The CPAM or the MSA must communicate this rate to the employee and the employer, who may request communication of the opinion of the medical advisor within 10 days of this communication. The PPI rate is determined according to the following criteria:

  • the nature of the employee’s disability,
  • his general condition,
  • his age,
  • his physical and mental faculties,
  • their professional skills and qualifications.

The rate set by the CPAM or the MSA can be challenged with the Medical Committee for Amicable Appeal within 2 months of notification of the rate.

Compensation for permanent partial incapacity

Partial permanent incapacity gives the right to compensation without any means test. When the rate of incapacity is between 1 and 99%, we speak of partial permanent incapacity. When the rate is 100%, it is a total permanent incapacity.

If the rate is less than 10%, the indemnity is paid in one lump sum. The amount of IPP compensation is linked to the rate of incapacity, namely:

  • For a disability rate of 1%, the amount of the compensation is 462.92 euros.
  • For a disability rate of 2%, the amount of the compensation is 693.91 euros.
  • For a degree of incapacity of 3%, the amount of the indemnity is 1,014 euros.
  • For a degree of incapacity of 4% the amount of the indemnity is 1,600.44 euros.
  • For a disability rate of 5%, the amount of the compensation is 2,027.47 euros.
  • For a disability rate of 6%, the amount of the compensation is 2,507.64 euros.
  • For a disability rate of 7%, the amount of the compensation is 3,040.96 euros.
  • For an incapacity rate of 8%, the amount of compensation is 3,628.07 euros.
  • For an incapacity rate of 9%, the amount of compensation is 4,268.27 euros.

Above 10%, compensation is paid in the form of a life annuity until death. The amount of the allowance is calculated on the basis of the annual salary multiplied by the degree of incapacity. The annual salary retained is at least 18,985.61 euros and at most 151,884.87 euros. The pension is paid quarterly.

Additional compensation in case of fault of the employer

The employee concerned may receive additional compensation if he provides proof that the industrial accident or occupational disease causing the permanent incapacity is due to the employer’s failure to fulfill his safety obligations. The employee must then have the inexcusable fault of the employer recognized in order to obtain:

  • An increase in compensation for permanent incapacity.
  • Full compensation for damages suffered and not covered by social security compensation.

This request for additional compensation must be sent to the CPAM or the MSA for examination.

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