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Decree no. 2019-356 of April 23, 2019 has revised the procedure for investigating occupational injury and disease claims under the general scheme. The new procedure has been applicable since December 1, 2019.
We'd like to give you an update on the main changes in the reporting of accidents at work (AT) under the general scheme, and remind you of the reporting rules applicable to the agricultural scheme and temporary workers.
1. In the general scheme for accidents at work
Employee notifies employer of accident
An employee who has suffered an accident at work must (except in cases of force majeure, absolute impossibility or for legitimate reasons) inform the employer or have the employer informed of the accident on the day it occurred, or within 24 hours at the latest:
Employer notifies CPAM (Caisse Primaire d'Assurance Maladie) of the accident
Once notified of an accident at work, the employer has 48 hours (not including Sundays and public holidays) to declare it to the victim's CPAM.
This can be done online via the Net-Dat declaration service on the net-entreprises.fr website, or by sending the completed Cerfa no. 14463*03 form.
This declaration must then be sent to :
Formulation of reasoned reservations by the employer in the event of industrial accidents
The employer may make a reasoned reservation (on the circumstances of the time and place of the accident or on the existence of a cause totally unrelated to work):
The time limit runs from the date on which the declaration was drawn up (as indicated on the declaration form), not from the date on which it was sent. If the declaration was made by the victim or his/her representatives, the time limit runs from the date on which the employer received the duplicate of the declaration from the caisse.
2. Accidents at work in the agricultural sector
Employee notifies employer of accident
An employee who has suffered an accident at work must (except in cases of force majeure, absolute impossibility or for legitimate reasons) inform or have informed the employer of the accident on the day the accident occurred at the accident site, or within 24 hours at the latest by registered letter.
Employer reports accident to MSA
Employers must report any accident of which they are aware, by registered letter with acknowledgement of receipt, within 48 hours (not including Sundays and public holidays) to the victim's caisse de mutualité sociale agricole (MSA).
The declaration can be made directly online on the MSA website or on the Net entreprises website, using EHS teleprocedures.
3. What about temporary workers?
Informing the temporary employee to the user company
An employee of a temporary employment agency must notify the user company of any accident at work within 24 hours, by registered letter, if he or she has not already informed the user company at the scene of the accident.
Declarations by the user company
No later than 24 hours after learning of an accident involving an employee made available to it by a temporary employment agency, the user company must inform the company by registered letter:
- the temporary employment agency ;
- the prevention department of the Caisse d'Assurance Retraite et de la Santé au Travail (CARSAT);
- and the labor inspector (or other official with similar responsibilities).
Note: Cerfa no. 60-3741 must be used for these declarations.
Conclusion on accidents at work
In short, in the event of an accident at work :
We advise you to check with the department in charge of reporting work-related accidents in your company (human resources or other) whether these rules are taken into account, and to include them in your work-related accident management procedure.
[1] Decree no. 2019-356 of April 23, 2019 on the procedure for investigating declarations ofaccidents at work and occupational illnesses under the general scheme [JORF of April 25, 2019].
[2] RL: registered letter
[3] LRAR: registered letter with acknowledgement of receipt