Key Benefits:
Publics concerned: employers, primary health insurance funds, agricultural social mutuality funds.
Subject: modalities for the recovery by social security agencies of the increase in rent paid to the victim in the event of a work accident or occupational illness due to the employer's inexcusable fault.
Entry into force: The text is applicable for annuity and capital allowances that took effect on April 1, 2013.
Notice: This Order in Council, for the assessment of the representative capital of the increase in rent allocated to the victim of an occupational accident or illness in the event of an employer's inexcusable fault, refers to the scale used for the assessment of expenses to be reimbursed to health insurance funds in the event of a work accident attributable to a third party.
It also states that this capital will be recovered under the same conditions and at the same time as the amounts paid in respect of compensation for other damages that the employee may obtain compensation in the event of an employer's inexcusable fault.
References: this decree is taken for the application of theArticle 86 of Act No. 2012-1404 of 17 December 2012 Social Security Funding for 2013. The Social Security Code Amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance, the Minister of Social Affairs and Health and the Minister of Agriculture, Agri-Food and Forestry,
Vu le Rural Code and Maritime Fishing ;
Vu le Social Security Codeincluding articles L. 452-2 and L. 452-3;
Vu la Act No. 2012-1404 of 17 December 2012 the financing of social security for 2013, including article 86;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality of 11 September 2013;
Considering the opinion of the Industrial Accidents and Occupational Diseases Commission dated 11 September 2013,
Decrete:
I. ― It is inserted in chapter II of title V of Book IV of the Social Security Code (regulatory part ― simple decrees) an article D. 452-1, as follows:
"Art. D. 452-1. - In the event of recognition of the employer's inexcusable fault, the representative capital of the expenses incurred by the primary health insurance fund under the increase referred to in section L. 452-2 is assessed under the conditions set out in section R. 454-1 and recovered under the same conditions and at the same time as the amounts allocated for the compensation of the damages referred to in section L. 452-3. »
II. ― The provisions of this section apply to annuity and capital allowance increases effective April 1, 2013.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of Agriculture, Agri-Food and Forestry, and the Minister Delegate to the Minister of Economy and Finance, in charge of the budget, are responsible, each with regard to the execution of this Order, to be published in the Official Journal of the French Republic.
Done on January 8, 2014.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Economy and Finance,
Pierre Moscovici
Minister of Agriculture,
agri-food and forest,
Stéphane Le Foll
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
