The declaration procedure differs depending on whether the employee is the victim of an accident or suffering from an occupational disease. It should be noted that an interim worker must make a declaration to the “user” company and to his temporary employment company, his employer, within 24 hours of the accident. There comes the use of the work comp attorney which, happens to be essential here.
Work or commuting accident
After an accident at work or on the way, the victim informs his employer in the day and at the latest within 24 hours, orally at the place of the accident, or by registered letter. The employer has 48 hours (not including Sundays and holidays) to inform the primary health insurance fund. At the same time, he gives the employee a form (the accident sheet), which will allow him to be compensated.
If the employer does not carry out this important formality, the employee can do it himself before the end of the second year following the accident. At the same time, the employee makes the consequences of the accident known by the doctor of his choice to whom he asks to fill out a medical certificate. In the event of a work stoppage, he sends the stop form to his employer.
The victim of an occupational disease has fifteen days from the work stoppage to declare it to the CPAM. Employees who do not respect this deadline do not lose the opportunity to recognize the professional nature of their illness.
He may declare the illness to CPAM within two years from the date on which he is informed by a medical certificate of the possible link between his illness and a professional activity. A medical certificate drawn up by a doctor is attached to the declaration. The credit union gives an accident sheet to the victim so that she can be compensated.
The decision of the CPAM
The CPAM rules on the professional nature of the work accident within 30 days of the date on which it became aware of the accident report, which can be extended by two months. It has three months (if necessary followed by another period of three months) if it is an occupational disease. The caisse often conducts an examination of the victim by a medical consultant. In case of disagreement on the professional nature between the employee’s doctor and the medical consultant, an expert report is made. The caisse must inform the insured by registered letter with acknowledgment of receipt that it extends the period of instruction. If it does not send an answer to the insured by registered letter with acknowledgment of receipt at the end of this period, the professional nature is recognized.