Any employer is required to report an accident at work suffered by one of his employees as soon as he becomes aware of it. For this, the employer must comply with certain terms and procedures under penalty of a fine.
An accident at work is defined as an accident that occurs as a result of or in the course of work, whatever the cause. The latter must be of a sudden nature, contrary to what defines an occupational disease.
For an event to be recognized as an accident at work, the employee concerned must prove that the accidental event occurred in the context of his professional activity, i.e. when he was under the authority of his employer. An accident is presumed to be of professional origin from the moment it occurs on the premises of the company, whether the employee is at his workstation or on a break, for example. But it can also be considered as such when the employee who is the victim of an accident at work works on the premises of an establishment other than the one that employs him.
The accidental event must also cause the sudden appearance of an injury, whether bodily or psychological.
The employee who is the victim of an accident at work must inform his employer within 24 hours, specifying the place, the circumstances of the accident and the identity of any witnesses. He must also quickly consult his doctor to have the injuries caused by his accident recorded. The doctor then draws up an initial medical certificate.
As soon as an accident at work is brought to its attention, the employer has a maximum of 48 hours to declare it. This deadline does not take into account Sundays, public holidays and non-working days.
In the case where the victim of an accident at work is employed by several employers, the declaration must be made by the one where the employee was working at the time of the events.
First, the employer must give his employee who is the victim of an accident at work a "Work accident or occupational disease sheet" (cerfa n° 11383*02) which will allow the latter to benefit from third-party payment and free necessary care related to the accident at work, within the limits of conventional rates.
The employer must declare an accident at work to the social security fund on which his employee depends:to the primary health insurance fund (CPAM), if it is an employee covered by the general security scheme social security fund or the fund of the agricultural social mutuality (MSA), if it is an agricultural employee.
The employer has two ways to report an accident at work:
The declaration of an accident at work via net-entreprises.fr also has the advantage for the employer of being able to fill in the work accident sheet at the same time, which he must give to the victim.
In all cases, in the event of work stoppage, and in particular following an accident at work, the employer must also send a salary certificate to the health insurance fund of his employee. Either via the net-entreprises.fr website, or by sending the “Certificate of salary accident at work or occupational disease” form by post (n° 6202 cerfa n° 11137*02). This certificate is used to calculate the daily allowances due to the employee.
In the event of a so-called minor work accident, the employer is exempt from sending a DAT. He can then make a simple entry in a register called "infirmary register or "Minor Accident Log" within 48 hours of the accident. This possibility concerns accidents at work that do not cause work stoppage or medical treatment. This approach is possible in companies which have the services of a doctor, a pharmacist, a nurse or an emergency aid station, and which have been authorized by the Pension and health at work (Carsat) of the location of the company to keep such a register.
In the case of an accident at work of a temporary employee, the employer is required to declare this accident by registered letter within 24 hours at the latest by sending the form "Information prior to the declaration of an accident at work (cerfa n° 60-3741) to the temporary work company on which the victim employee depends, to the prevention service of the regional health insurance fund (CRAM) on which the temporary worker depends and finally to the Labor Inspectorate .
If a pupil or student on an internship in a company is the victim of an accident at work, the employer must immediately send a copy of the DAT to the intern's educational establishment.
Failure to report an accident at work by an employer, or sending it out of time, constitutes an offense punishable by a fine of up to 750 euros for a natural person or 3,750 euros for a legal person.
The employer can also be sued by the primary health insurance fund before the social security court and ordered to reimburse the expenses caused by the undeclared work accident.
