Question 13651 — work accidents and occupational diseases

Summary

Ms. Claire O'Petit draws the attention of the Minister, to the Minister of State, Minister of Ecological and Inclusive Transition, responsible for transport, to the necessary adaptation of article 21-4 of the decree of June 17, 1938 relating to the reorganization and unification of the seafarers' insurance system which provides in particular that "when, after the granting of the early pension provided for in article L. 5552-7 of the transport code, an illness slow-progressing professional declares itself and gives entitlement to a disability pension for occupational illness, the beneficiary must definitively choose between the early pension and the disability pension for occupational illness.” While the modification resulting from decree 2016-116 has certainly improved the situation by establishing a right of option between the early retirement pension (PRA) and the disability pension for illness professional (PIMP), this situation is not satisfactory. In fact, the beneficiaries of the PRA are relatively young sailors who are unfit for navigation. They lived and worked in a heavily asbestos environment for the entire duration of their navigation. Illnesses resulting from exposure to asbestos materials are known to develop slowly. Thus, certain beneficiaries of the PRA can having contracted an occupational disease which manifested itself after a certain latency period. However, they cannot benefit from the PIMP, their right of option having been exhausted before this event. Also, in the interests of justice, she asks her if she intends to modify article 21-4 of the decree of June 17, 1938 in order to allow the accumulation of the PRA and the PIMP.

Machine translation from French. The official text remains authoritative.

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