Question 18028 — work accidents and occupational diseases

Summary

Ms. Danièle Obono questions the Minister of Solidarity and Health about the unequal treatment to which victims of work accidents are subject depending on whether it is attributable to a third party or not. An employee suffering from after-effects following a work accident and having an IPP rate greater than 10% has the possibility of converting a quarter of the life annuity to which he or she is entitled into capital. The decrees of 1954 which defined the scales for this conversion taking as a basis the mortality tables published by INSEE the same year were repealed then replaced by a decree of December 27, 2011, itself modified in 2013 and 2016. The mortality table taken into account in the 2011 decree was updated to take into account the extension of the lifespan, which allows better compensation for the insured who wants to convert his annuity in capital. The difference between the 1954 and 2016 scales often leads to a difference of several thousand euros on the converted annuity. For example, a 42-year-old woman receiving a quarterly pension of 600 euros will receive a capital of 19,329 euros in the event of an accident involving a third party (conversion factor of 32,215 on the scale of the 2011 decree) but only 8,778 euros if the accident is not caused by a third party (conversion factor of 14,630 on the scale of the 1954 decree). The problem arises from the fact that the decree of December 19, 2016 amending the amended decree of December 27, 2011 targets articles R. 376-1 and R. 454-1 of the social security code, articles which concern the recourse of funds against a third party. Many primary health insurance funds use this legal vagueness to continue to apply the scale defined by the 1954 decree to all policyholders suffering from after-effects following a work accident in which a third party is not involved. This then results in a considerably reduced income at the time of its conversion into capital. There is therefore a clear inequality between the insured depending on whether their work accident is attributable to a third party or not. Policyholders obtained the application of the new scales after having contacted the Commission of amicable appeal but the Court of Cassation, in a judgment of May 2017, nevertheless considered that the decree of December 17, 1954, although repealed, still applied in the absence of new provisions. She therefore asks him when the 2016 decree will be modified to take into account this obvious inequality.

Machine translation from French. The official text remains authoritative.

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