Any accident that occurs during and / or because of work is classified as an accident at work. The victim must inform his employer within 24 hours of the incident, specifying the location and circumstances.
The employer, for its part, makes a declaration to the primary health insurance fund or any other organization on which the victim depends. It has 48h Sunday and holidays excluded to do it. If the declaration is not made in time or if it is not made at all, the employer is liable to a fine. In the case of an accident at work, it is best to be assisted by a work injury lawyer specialized in the field.
An accident resulting in no work stoppage must be recorded in the accident register by the employer.
The employee is bound to the company by the employment contract; it is therefore up to it to put in place the necessary measures to deal with various accidents that may occur in the workplace. Vis-à-vis the law, it must also make an annual assessment of the risks to health and working conditions of employees..
What should be the reflexes of an employee victim of an accident at work?
The first reflex in case of an accident at work is to have it noticed and to declare it to his employer. An employee must legally notify his employer within 24 hours of the accident. The employer then has 48 hours to declare the accident at the cash register. An employee benefits from a presumption of accident at work for any sudden injury occurring at the time and place of work. Jurisprudence has over time given an extensive interpretation of these notions: an injury can be physical or psychological.
When should an employee who suffers an accident at work contact a work injury lawyer in your opinion?
The work injury lawyeris competent to give advice from the beginning of the procedure of recognition of the accident. He can by judicious advice avoid a dispute related for example to the recognition of the accident at work. He may also advise an employee on the respect of his rights by both the case and the employer. The lawyer becomes indispensable when there is a responsibility of the employer or a third party, or when the accident at work is also a traffic accident.
Contacting a work injury lawyeris not necessarily synonymous with proceedings or litigation. The role of the specialized lawyer is fundamental in the framework of the compensation of the victims of accidents: it brings an undeniable technical competence, in the respect of the deontology.All solutions should be considered: assignment to another position, new schedules, etc. It is only as a last resort that the employee precedes to the dismissal.