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Industrial Accidents and Occupational Diseases --> Definitions Industrial accident : accidents happening during or as a result of the work. Occupational diseases : disease recognised as such by each member Sate and registered in a list established by this State. Journey accident : accidents taking place while going or coming back, on the normal and habitual road, between the working place and your residence are considered as journey accidents. Each State can enlarge this definition to other places : place of training, place where you have your meal, nursery school or place where the children spend they day, etc… Principles Workers being victims of an industrial accident or suffering form occupational diseases will be under the legislation of their employment State. Journey accidents taking place in a territory different to the employment State territory will be considered as happening in the employment territory of the State. Exceptions • posted workers (i.e., the wage-earner sent in a temporary mission by the employer to a State different to the residence state for a foreseeable time of twelve months) will be under the legislation of the country where they are assigned (they will have to have an E 101 form) • international transport workers, except for dispensation, are under the legislation of the member State where the company has its head office (they will dispose of an E 110 form). Particular cases Occupational diseases: should a worker had been exposed to the same risk in different member States, the benefits will be granted by the last State where the activity as such has been carried out, provided that according to the legislation of this country, the conditions for the opening of this right have been met. In order to judge the opening of the right to the benefits according to its legislation (notification period, length of the activity), the competent State will take into account, if necessary, the activity periods of the same nature carried out in other member States. Any other previous medical statement in any other member State will be taken into account by the competent body, if necessary, as established in its own territory. Notice ! there are specific dispositions of the sharing of charges between member States specifically concerning the slcerogenic pneumoconiosis. Aggravation of an indemnified occupational disease Your disease has worsened and: - You have not carried out any professional activity that could have aggravated it in any other member State: the institution of the State paying you the benefits will also pay you the supplement to which you are entitled. - You have carried out such an activity under the legislation of another member State: the institution of the first State will continue to pay you the corresponding allowances, the institution from the second State will pay you a supplement. Notice ! there are specific dispositions of the sharing of charges between member States specifically concerning the slcerogenic pneumoconiosis. Germany: you have to warn your employer immediately after the accident or the interruption due to the occupational disease. The employer will have to notify it immediately to the competent organism: the Berufsgenossenschaft. Belgium: you have to warn your employer immediately after the accident or the interruption due to the occupational disease. • In case of accident, the employer, your self or a member of your family will have to, with the help of a special form, notice it in a period of 10 working days to the official insurer (or to the Fond des Accidents du Travail (Industrial Accidents Fund) should there be no insurance) and to the competent working safety inspector. • In case of occupational disease, you will have to warn preferably by registered letter the Fonds des Maladies Professionnelles (Occupational Diseases Fund) by means of a standard-issue form. France: in case of accident, you have to warn your employer within the 24 following hours (except in case of force majeure). He will have to notify the accident within 48 hours to the CPAM (Caisse Primaire d’Assurance Maladie) and he will have to give you an accident-sheet which will allow you to benefit from the care with no charges. In case of occupational disease, you will have to notify it within the 15 days following the interruption of your job. Luxembourg: you have to warn your employer and give him a section/part/copy of the medical certificate within the three days following the interruption of work and the second copy/part to your illness fund. Notice ! should you be a cross-border worker, you will have to get yourself an E 123 form (or and E110 given by the employer for the wage-earners working in the international transport) allowing you to certify your right to the benefits in your residence place and available at the competent institution of your affiliation country. 1- In kind benefits : they are care provisions as foreseen by the legislation, given by the institution called to give them (dental care, medical care, hospitalization, drugs, etc…). The in kind benefits are generally given by the institution of the residence State according to the legislation in force in this latter State, but depending upon the affiliation State. However, should you be a cross-border worker, you are entitled care provisions in your residence country or in your affiliation country as if you were a resident. You are free to choose the doctor (except for in Belgium, in case of industrial accident if the company or the insurer has available a complete and recognized medical service, and except for Germany, where you have to consult a doctor approved by the Beruftsgenossenschaft). The duration of the treatment is unlimited. 2- In cash benefits : they are pecuniary benefits paid in case of working incapacity. The in kind benefits are given by the institution of the employment State. Germany: the daily indemnities are paid during a maximum of 78 weeks at the end of which, the victim will perceive an annuity if he/she lowers his/her capacity of earnings of at least 20%. This annuity can be perceived even from the 27th week should there be a decrease of earnings of at least 20%. Belgium: the daily indemnities are paid until the recovery or the consolidation of the disability status. This consolidation is done on the basis of a medical certificate and an agreement between the victim and the insurer. The victim will perceive an annual allocation, which after three years, will be replaced by a life income. In case of occupational disease, there will be an exclusion period of 15 days before the first payment. France: the daily indemnities are paid until the recovery or the consolidation of the disability status. The date of consolidation will be fixed by the CPAM on the basis of a medical certificate and allows the granting of a permanent disability pension. Luxembourg : ... --> Taxation ofvthe cash benefits Germany: benefits non taxable in principle Belgium: taxable benefits France: non taxable benefits Luxembourg:... --> Residence outside the competent State during your disability For the people that, during their disability, they stay or transfer their residence to another member Sate or that go to a different member State to receive the appropriate treatment, the right to the benefits will be maintained, following the authorisation of the competent institution. • The in kind benefits are given on behalf of the competent institution by the institution of the residing or staying place and according to its own legislation. The duration of the service of benefits will be however governed by the legislation of the competent State. • The in cash benefits, determined according to the legislation of the competent State, are paid by the competent institution or they can be covered by the institution of the State where the person will be staying or residing. • Formalities : In order to benefit from in kind benefits in the place where you are staying, you will have to present an E 123 form (E110 for the wage-earners working in international transportation) In order to benefit from in cash benefits, if you work in the State where you are staying (in the case of partial disability), you will have to present a notice of working interruption within the three days after the beginning of the disability. Annabelle Daniau, Juriste, CRD EURES Lorraine ~ Germany
~ Belgium
~ France
~ Luxembourg
For more information, please contact the two resources centres in the Grande Région. |
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