Permanent disability

The permanent disability can be defined like the final loss, partial or total of the capacity to work, following an occupational disease or with an industrial accident.

In the event of permanent disability, payment of a revenue and/or an allowance in capital, according to the rate of incapacity (permanent).

Calculation of the rate of permanent disability

As of consolidation, the person is convened near the medical control of her case of Health insurance, to be examined by a doctor council there. This last will propose a rate of permanent disability.

Thanks to that, the case of Health insurance will determine this rate, according to the medical and professional criteria following:

* the nature of the infirmity; * the general state; * the age; * aptitudes and professional qualifications.

By taking account of the indicative scale of disability in industrial accidents of the Code of the Social security.

The case of Health insurance will inform of the rate of permanent disability, by a registered letter with acknowledgment of delivery.

the dispute of this decision near the Court of the dispute of incapacity (T.C.I.) is possible for two months.

To profit from it

The victim must be:

Subjugated with the mode of repair of the Occupational disease and Industrial accidents.
Reached of a permanent disability superior with 5%, following an industrial accident or with an occupational disease, beforehand declared with the Case.

Characteristic

This revenue is not not a retirement and is for life. However, the person can ask so that this revenue be reversible, and it is necessary in to make the request . In this case the revenue is decreased, and consequently also, the allowance for assistance of a third person (who is specific to the victims of work) will be decreased (since it is of 40% of the revenue).
Important: The person must make a request for retirement which is completely independent of the revenue. This retirement will be reversible to the surviving spouse.

The allowance in contractual capital

If the rate of permanent disability is lower than 10%, financial claim in capital.

The revenue

If the rate of permanent disability is higher than 10%, it is not any more one allowance which will be paid, but a revenue. If the rate of incapacity lies between 10 and 50%, the revenue of permanent disability will be versed each quarter. If the rate of incapacity is equal to or higher than 50%, the versed revenue each month. It is exonerated from the C.S.G and the C.R.D.S. and not subjected to the income tax. It is for life .

Third person

If the rate is equal or higher than 80%: the revenue is raised of 40% if the person is in the obligation to have recourse to a third person.

Attention, it is a particular case of the victims of work (it is very known little about, from where difficulties): It is a allowance for assistance of a third person , who has as a characteristic to be for life , contrary to the ACTP (Compensation Allowance for Third person), which changes name and of assignment, at 60 years.

To protect the spouse

This revenue not being a retirement, it is however possible, on request (it is not automatic), of:

to make a repurchase partial of this revenue
transform into life annuity, this revenue with the profit of the spouse
the third possibility makes it possible to cumulate the two preceding options. Capital + reversion.

For the latter case, calculation is done initially on the partial repurchase (capital), then with this new revenue (it is decreased in compensation), it is again decreased for the reversion part (it is little and very badly known).

Additional help

interdepartmental Centers of administrative information (WAXED) Tel.: 39 39
See the bond in the page (all in top) discussion, towards a forum, for handicapped people, who details the subject.

See too

All that is stated here is valid for France.

Out of France

Industrial accident (France)

External bonds

http://vosdroits.service-public.fr/particuliers/F14869.xhtml repurchase and/or reversibility
http://vosdroits.service-public.fr/particuliers/F14870.xhtml For life but is not a retirement

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