Labour Code, Social Security Code, work accident, employee rights, employer obligations, daily allowances, long-term illness, L4121-1, L433-1, L1226-5
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Abstract
This document outlines the employer's obligations and employee rights in case of work accidents, leave, and long-term illnesses, referencing relevant Labour Code and Social Security Code articles.
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[...] As a result, the treatments can be covered under serious illness and long-term illness to the tune of 100%, opening the right to an LTI exempt from tax. II. Case study 2 Dear Bernadette, Thank you for contacting me. You are asking for advice on the work accident that your husband was a victim of in January 2023. Firstly, I will highlight the rules of law in the field of social law applicable to work accidents. Secondly, I will recall the relevant facts in the case at hand and cross them with the previously mentioned rules of law. [...]
[...] Employees, holidays, leave and work accidents - Trial run I. Case study 1 Case study 1a: In law, Article D8222-5 of the Labour Code regulates the employer's obligations towards the worker, insofar as the employer must verify that the worker is in compliance with the social and tax obligations that apply to their regime. This control must be periodic under the aforementioned article, in that it must be carried out every six months. In this case and as a result, Mr. [...]
[...] As a result, Mr. Taplane cannot receive daily allowances and the burden of healthcare costs falls under the common and non-derogatory regime of labour law. Case study 1c: In law, the reimbursement by the CPAM is regulated by the provisions of Articles R322-10 to R322-10-9 of the Social Security Code (SSC). It is specified that the reimbursement of travel expenses 'is calculated on the basis of the distance separating the point of care of the patient from the prescribed appropriate care structure of care closest' (Art. [...]
[...] In fact, your husband has the right to a daily indemnity under Articles L433-1 and L433-2 of the Social Security Code, 'equal to a fraction of the daily wage' (L433-2 CSS) and 'from the first day following the stoppage of work resulting from the accident' (L433-1 CSS). In consequence, given the violations of Articles L4121-1 to L4121-6 of the Labour Code and Articles L433-1 and 433-2 of the Social Security Code, I advise you to file a complaint with the Labour Court and to act in a request not only for damages from the employer, but also for a claim against the non-payment of the daily indemnity. Good luck to you. [...]
[...] It occurs as a result of a work accident covered by Article L411-2 of the SSC, which can consist of a journey accident under paragraph 1 between 'the main residence, a secondary residence presenting a stability character or any other place where the worker habitually goes for reasons of order family and the workplace'. In this case, Mrs. Taplane suffered a journey accident 'leaving the crèche', which constitutes a journey for reasons of order family in accordance with Article L411-2 of the SSC. As a result, it is under the journey accident that Mrs. Taplane's illness expenses are covered. [...]
