Question 8320 — diseases

Summary

Compensation for damage suffered due to professional exposure to asbestos occurs, first of all, within the framework of coverage for work accidents and occupational diseases (AT-MP). It is carried out, once the occupational disease is recognized (in particular under tables 30 or 30 bis with regard to pathologies linked to asbestos), in the form of benefits in kind and benefits in cash and gives in particular, in the event of permanent incapacity (IP), to the payment of a capital or a life annuity depending on whether the IP rate is less than or greater than 10%. The IP rate is set by the medical advisor, on the basis of a strictly medical assessment, and notified to the insured by the primary health insurance fund (CPAM). The medical advisor, in accordance with the common law provisions of AT-MP repair of article L. 434-2 of the code of social security, evaluates the IP rate “according to the nature of the infirmity, the general condition, the age, the physical and mental faculties of the victim, as well as according to their abilities and professional qualification, taking into account an indicative disability scale”. The scales for workplace accidents on the one hand and occupational illnesses on the other hand, fixed by regulation, are annexed to the social security code. Same for All medical advisors working with CPAMs help them assess the functional after-effects of an illness, particularly on the respiratory level in the case of asbestos-related pathologies. Generally speaking, in matters of occupational disease linked to asbestos, the IP rate attributed to the victim can vary from 1% to 100% (for example in the case of mesothelioma) depending on the severity of the respiratory condition. from which the victim suffers. However, pleural plaques, assessed according to the scale of occupational diseases between 1 and 10% PI depending on their characteristics, are most often asymptomatic and do not generally cause functional respiratory problems. The determination of a rate within this range depends on the exclusively medical assessment of the situation of each insured person. The updating of the scales of work accidents and occupational diseases is currently underway; it will make it possible to adapt them to developments in medical knowledge and, moreover, to better assess the professional impact of pathologies. Finally, it should be remembered that any occupational disease linked to asbestos and recognized by a social security body may be the subject of a request to the compensation fund for victims of asbestos for additional repair.

Machine translation from French. The official text remains authoritative.

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