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accident at work,advice please!

Posted by sue-boo - Created: 14 years ago
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Has anybody here ever experienced an accident at work in France?

My husband is in the process of recovery after his hand was badly crushed in unguarded

machinery at his work place.He has lost partial use of his hand along with his little finger.

Incredibly his employer has been found to be not at fault .This appears to mean that there is little

grounds to sue and his employer can now lay my husband off if he wishes for the grand sum of 800€

if he is no longer any use to him.

There is of course the matter of compensation,apparently in the form of a pension which could be as high as 30€ a month !

I'm at a loss.

Any advice would be gratefully received

And if you do work in France .......please be careful.

Sue.

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4 replies (Showing replies: 1 to 4)

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Posted by sue-boo - 14 years ago

Thanks for the web site details

Fortunately the accident has been classed as accident de travail and all medical costs and sick pay have been covered.

It's what happens when the arret de travail stops thats the issue.

The first of several meetings with my husbands employer and medecine du travail takes place today to see if they can thrash out some sort of restricted work post for my husband should he be classed as apt to return to work,if however the employer can find no use for him (bearing in mind this is a sawmill we are talking about)he can lay him off paying a forfeit for rupture of contract of 1/10 of a years wages because he's only been there 2 years,hence the 800€ and then it's "au chomage".

If my husband is found inapt to return to work then he still ends up eventually "au chomage".

Anyway we'll know where we stand a little better after today.

Sue.

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Posted by legend_in_my_lunchtime-182603 - 14 years ago

First thing you need to know is whether the accident was declared formlly as an "accident de travail".  This is a whole legal/compensation procedure defined by the French Securite Sociale and the code du travail.

Furthermore, under the code du travail, a so declared "accident de travail" will place your husband's work contract in suspense, throughout a quite lengthy process of rehabilitation making it legally impossible for him to be laid off unless through other standard clauses suchs as "faute grave".

See here for more info.  Check with your Securite Socale office and with the medecin du travail as to how to declare an "accident de travail"

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Posted by sue-boo - 14 years ago

I think seeing a lawyer is a good place to start but things work so differently here ,I just wondered whether anyone here had actually been through the process themselves and could advise us on what to expect.

The accident happened over a year ago now ,my husband was in hospital for a month following the surgery to his hand and he is currently in a re-adaptation center.

We have'nt been able to start the process until the results of the investigation came back which has only just happened.

Sue.

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Posted by kikimiki - 14 years ago

This is awful; I hope that you guys are handling this situation calmly <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

I had passed with the same situation but I had a tiny injury compared to that and that even was in the states I was working as a bodyguard but in the states things are different, that’s why I’m seriously thinking about leaving LA <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />FRANCE had enough !!!!

But back to you since I really don’t have the answer for you

I do promise you that ,I will ask and ask and ask till I comeback to you with the right answer

But for the moment what about seeing a lawyer, did you guys do that yet?

kiki