Key Benefits:
The Prime Minister,
On the report of the Minister of Employment and Solidarity and the Minister of Agriculture and Fisheries,
Due to Act No. 2001-1128 of 30 November 2001 Improving the coverage of agricultural non-workers against accidents at work and occupational diseases;
Given the social security code;
Given the rural code, in particular Articles L. 752-1 to L. 752-32;
In view of the Decree n ° 73-598 of 29 June 1973 laying down detailed rules for the application of Chapters II, III, IV, VIII and IX of Chapter I of Title III of Book VII of the Rural Code relating to the insurance benefits of employed workers in agriculture against Accidents at work and occupational diseases;
In the light of Decree No. 98-1127 of 14 December 1998 on the medical supervision service of agricultural social protection systems,
The benefits referred to in Article L. 752-3 of the Rural Code are Supported, in accordance with the provisions of this Decree, by the agricultural social insurance fund or the group referred to in Article L. 752-14 of the Rural Code, the insured of which is covered by the insurance of the non-employed agricultural workers against the Work accidents and occupational diseases. These benefits are payable only from the date of the victim's insurance coverage
The provisions of Articles R. 432-1 to R. 432-4 (1st and 3rd paragraph), R. 432-6 to R. 432-9 and R. 481-1 to R. 481-7 of the Social Security Code and Articles 4, 5 and 7 of the Decree of 29 June 1973 referred to above shall apply to this regime.
For the purposes of this scheme, to the expert Pursuant to the first paragraph of Article R. 432-6 of the Social Security Code is substituted for the medical examination carried out under the conditions laid down in Articles 35, 36 and 37 of the Decree of 29 June 1973
The daily allowance provided for in item L. 752-5 of the rural code shall be paid to the victim by the agricultural social insurance fund or the group from the 8th day following the stoppage of work following the accident without distinction between working days and Sundays and days In
case of relapse, the daily allowance shall be paid to the victim by the agricultural social insurance fund or the group from the 8th day following the first medically justified interruption of work following The accident without distinction between working days and Sundays and holidays.
In all cases, the payment of per diems is made per fortnight. Daily allowances shall be paid either to the victim or under the conditions laid down in Article R. 433-16 of the Social Security Code.
The daily gain used as the basis for calculating the daily allowance is equal to 1/360 of the amount of the annual lump-sum gain referred to in Article L. 752-5 of the Rural Code.
Except for the waiting period provided for Article 4 of this Decree, the daily allowance shall be equal to 60 % of the daily flat-rate gain on the first 28 days of consecutive or non-consecutive work stoppage. The rate of the daily allowance shall be increased to 80 % of the daily flat-rate gain from the 29th day of work stoppage following or not the accident.
If the date of consolidation or cure has been fixed, the daily allowance paid for the relapse shall be calculated under the same conditions as those laid down in Article 5 of this Decree, taking into account the First inability to work after relapse.
Daily allowance is paid in advance By the agricultural social insurance fund or the group after receipt of the medical certificate attesting to the need for the stoppage of work and after the expiry of the period laid down in Article 4 of this Decree.
This advance is deducted from the amount The daily allowance which would be recognised to be due.
However, if the professional character of the accident or illness is not recognised, the agricultural social insurance fund or the grouping may, pursuant to Article L. 752-25 Of the Rural Code, call a reimbursement to the victim in accordance with the conditions laid down in the fourth paragraph of the article mentioned above
The rate of incapacity provided for in the second subparagraph of Article L. 752-6 of the Rural Code is set at 50 %.
The pension to which the victim is entitled under the The fifth paragraph of Article L. 752-6 of the Rural Code shall be equal to the flat-rate gain referred to in the second subparagraph of Article L. 752-5 of the same code multiplied by the rate of incapacity previously reduced by half for the fraction equal to the rate provided for The paragraph above and increased by half for the part which exceeds the same rate.
To set the rate of incapacity Which will be proposed to the victim, the medical adviser of the agricultural social insurance fund of which the insured person establishes a medical report.
The indicative scales of invalidity which are taken into account in determining the rate Of permanent incapacity are those mentioned in Article 29 of the aforementioned decree of 29 June 1973.
In accordance with In the fourth paragraph of Article L. 752-6, it shall be established, in the electoral district of each agricultural social mutual fund, a committee of annuities consisting of four members, two members representing the first and third colleges of the credit union Farming social mutuality and two members subject to the social protection scheme for agricultural non-employees representing the group referred to in Article L. 752-14 of the Rural Code.
Four alternate members, chosen according to the same rules The holding members shall be appointed to sit on the committee in the event of their incapacity and the composition of the committee as set out in the preceding paragraph may be amended
Shall be appointed alternately to a representative of the agricultural social mutuality and to a representative of the grouping.
The commission set out in Article 10 above shall, with regard to the permanent disability rate, adopt the reasoned proposals addressed to the victim. It shall assess, taking into account the amount of the annual flat-rate gain referred to in Article L. 752-5 of the Rural Code, the amount of the pension payable to the victim on the basis of those proposals.
Agricultural social insurance fund or grouping Notify the victim immediately of the proposals relating to the rate of disability and inform him or her of the amount of the relevant pension.
The victim has a period of one month to make known his/her agreement or Observations.
If an agreement is reached within that period, either immediately or after examination by the Committee on the observations of the victim, the agricultural social insurance fund or the grouping proceeds to wind up the pension on the Basis of the rate covered by the agreement and notify the victim of the amount and the elements of the calculation of the pension.
In the absence of agreement or failure to reply from the victim within the period referred to above, the social mutuality fund Or the grouping confirms to the latter, at the end of that period, the initial proposals established by the annuities commission.
The agricultural social insurance fund or the group shall liquidate the pension and notify the Rate and calculation elements to the victim:
-either after a period of one month following the confirmation of these proposals, if the victim did not file a complaint with the social security court;
-when the order for Conciliation by the President of the Social Security Affairs Court has been notified to the agricultural social insurance fund or to the group;
-either within one month of the date of notification of the decision of the Social security court if this decision has not been appealed;
-either as soon as the appeal decision was notified.
In the event of further fixation of the repairs motivated by attenuation or aggravation of the victim's infirmity or death from the accident, the rate of incapacity And the amount of the pension shall be determined by the committee referred to in Article 10 above and shall be notified to the victim or his successors in title who have a period of two months to refer the matter to the President of the Social Security Affairs Court.
Decisions taken by the Farm Social Insurance Fund or the grouping must be medically motivated. The notification sent by the agricultural social insurance fund or the group to the victim or his successors in title shall invite them to make known, within ten days, by means of a form annexed to the notification, if they request The sending of a copy of the medical report referred to in the first paragraph of Article 9 of this Decree to the person concerned or to the doctor designated for that purpose by the victim or his successors in title.
The agricultural social insurance fund or the Group shall proceed to that dispatch upon receipt of the request, indicating that the victim or the doctor whom it designates for that purpose may, within 15 days of receipt of the report, become acquainted with the control department
the victim or his dependants have requested, under the conditions set out above, the sending of a copy of the medical report, the period of one month provided for in the third subparagraph of Article 11 of the This order is extended to two months.
Annuity arrears run the day after the consolidation date and are Due to the end of the month of arrears in which the victim died. They shall be payable to the beneficiaries on the production of the death bulletin and on presentation of the documents establishing their quality. The agricultural social insurance fund or the grouping may make an advance on the first arrears of the pension.
In the event of disputes other than those relating to the professional character of the accident or sickness, the credit union shall Farming social mutuality or the grouping may grant advances on annuities that cannot be less than the annuity proposed by one of them. Such advances shall be deducted from the amount of the daily allowance or annuity that would be recognized as due.
I. -The annuities referred to in Article L. 752-6 shall be payable to the holder, monthly and expired.
In the event of hospitalization of the insured person, the increase for the assistance of a third person shall be paid until the last day of the calendar month After he has been hospitalized; after that period, his service is suspended.
II. -For the application of the seventh paragraph of Article L. 752-6 of the Rural Code, account shall be taken, for the calculation of the pension relating to the last accident, of accidents at work or occupational diseases recognised as of 1 April 2002
Sections R. 434-11 to R. 434-16 of the Code of Social Security shall apply to the scheme of insurance against industrial accidents and occupational diseases of agricultural non-workers.
For the purposes of the above mentioned articles:
A la fraction de The annual salary referred to in Articles R. 434-11 and the second subparagraph of Article R. 434-17 shall be substituted for the annual flat-rate gain referred to in Article L. 752-5 of the Rural Code;
Farm social mutual funds or the grouping Perform the functions vested in the primary health insurance funds;
The medical check referred to in Articles R. 434-13 and R. 434-14 is the medical check service of the agricultural social insurance fund.
The annuities referred to in Article L. 752-7 of the Rural Code are payable to the holder, by term and term.
Annuity arrears run the day after the death of the victim or the first day following the end of the month of arrears in which the victim died and are due until the end of the month of arrears in which the claimant died. The provisions of Article R. 434-19, with the exception of paragraph 4 of that Article, shall apply to annuities and shall be payable to them on the production of the death
. Referred to in Article L. 752-7. For the purposes of these provisions, the agricultural social insurance fund or the grouping is substituted for the primary health insurance fund
Medical control shall be exercised in accordance with the provisions of Decree No. 98-1127 of 14 December 1998 subject to the provisions of Articles 34 to 37 of the aforementioned Decree of 29 June 1973 applicable to this regime.
For the purposes of these provisions:
Agricultural social mutual funds or the grouping Perform the functions of the agricultural social mutual funds only;
The accident sheet referred to in the second paragraph of Article 34 of the Decree of 29 June 1973 shall mean that referred to in Article L. 752-24 of the Code
The fees and travel expenses due to the doctor dealing with the medical check or the doctor responsible for the new medical examination shall be borne by the scheme and settled by the agricultural social insurance fund or the grouping according to the A tariff fixed by order of the Minister responsible for agriculture.
Farm social insurance fund or grouping May, as soon as he becomes aware of the accident, carry out a review of the victim by the Medical Mutual Fund Board of the Farm Credit Union.
If there is a disagreement between the medical adviser and the doctor on the condition of the victim, and In particular on a medical issue relating to the professional character of the lesion or illness, or if the victim itself expressly requests it, the dispute shall be settled in accordance with the provisions of Articles 35 to 37 of the Decree of 29 June 1973 referred to above.
The travel expenses of the victim or his successors in title, who must respond to the convocation of the A medical adviser or to undergo the medical examination provided for in Articles 35 to 37 of the Decree of 29 June 1973 referred to above, to a control or to a treatment under this branch of insurance, shall be paid by the scheme and shall be paid by the mutual fund Farm social or group. These travel expenses shall be paid in accordance with the tariff provided for in Article L. 322-5 of the Social Security Code
The agricultural social insurance fund or the grouping may have administrative control of the victims of accidents at work, in particular as regards the observation of the They have been medically prescribed by the approved and sworn agents referred to in Article L. 724-7 of the Rural Code.
This control shall be provided in accordance with the rules applicable to accident insurance of agricultural workers. The same sanctions shall apply, in particular the provisions of Article R. 323-12 of the Social Security Code
Articles R. 443-1, R. 443-2 and R. 443-4 to R. 443-6 of the Code of Social Security are applicable to this regime. For the purposes of these Articles, the agricultural social mutual funds and the grouping exercise the functions vested in the primary funds.
For the purposes of Articles R. 443-4 and R. 443-5 of the Social Security Code, the Referred to as the Medical Officer of the Farm Social Insurance Fund
In the case of a change of insurer, the insured's file is transmitted in its entirety by the former organization to the new Organization. The latter shall take in charge, on the date of the effect of the affiliation, all the benefits, including the daily allowances and current or future annuities, relating to one or more accidents or occupational diseases identified Prior to the change of an insurer.
Where a dispute relating to the professional character of the accident or illness is in progress, the new insurer selected by the chief operating officer or farm business Application of Article L. 752-13 of the Rural Code shall serve the benefits only after the final decision
For the purposes of this insurance industry, the benefits and allowances referred to in the first subparagraph of Article L. 431-2 of the Social Security Code shall be those of In the case of Articles L. 752-3 to L. 752-7 of the Rural Code.
In the cases provided for in Article L. 752-9 of the Rural Code, the limitation period shall run as follows:
-or the first finding by the doctor dealing with the modification In the condition of the victim, subject, in the case of the provisions of Article 19 of this Decree, to the opinion issued by the designated doctor when the latter has obtained the agreement of the parties or, if not, the judicial decision;
- The termination date of the daily allowances allocated as a result of the relapse
Except for special provisions, the provisions of Article 49 of the Decree of 29 June 1973 are applicable to this branch. For their application, the date of 1 April 2002 is substituted, in the third paragraph of that article, to the date of 1 July 1973.
The date on which the victim is informed by a medical certificate of the possible link between his illness and his activity Professional is assimilated to the date of the accident
Where he or one of the persons referred to in Article L. 752-1 of the Rural Code is the victim of an accident at work, the chief operating officer or agricultural enterprise shall have a period of eight days from the date of the accident for the purpose of Make the declaration to the agricultural social mutual fund or to the group. As regards the declaration of a professional disease, the victim shall have a period of 15 days following the first finding of the occupational origin of the disease in order to make that declaration. This period shall be replaced by a period of three months when the provisions of the third paragraph of Article 49 of the aforementioned Decree of 29 June 1973 are applied.
In the case of force majeure or failure of the chief operating officer, the declaration Is carried out by the victim itself, the rights holders of the chief operating officer or victim, the care facility in which the victim is housed, his or her attending physician, or any administrative authority.
The reporting template Accidents at work or occupational disease shall be fixed by order of the Minister responsible for agriculture. It has four components:
One is for the organization, the farm social mutuality fund or grouping with which the victim is insured;
Two are addressed immediately, one to the farm social mutuality fund, the other to the chief The departmental service for the inspection of labour, employment and agricultural social policy;
The last is given to the victim.
The agricultural social insurance fund or the group may, as soon as it becomes aware of the accident, Initiate an investigation to determine the circumstances of the accident.
Upon receipt of the accident report Of the initial medical certificate or work, the agricultural social insurance fund or the group shall be obliged to issue the accident sheet referred to in Article L. 752-24 to the victim. The victim awards the victim to the practitioner consulted. This accident sheet does not give rise to full entitlement to compensation under this scheme.
It shall designate the body, the agricultural social mutual fund or the group responsible for the service of the benefits. It is prohibited to include the name and address of a practitioner, pharmacist, clinic and dispensary.
Worksheet is valid for the duration of treatment resulting from the accident or illness Professional. At the end of the processing, or as soon as the accident sheet is fully used, the victim shall address it to the agricultural social mutual fund or to the group. The victim shall, where appropriate, issue a new accident sheet to the victim.
Any medical practitioner, any medical assistant called upon to provide care, shall refer to the accident sheet in the possession of the victim of the acts performed and shall affix his Signature. The same applies to the pharmacist or the supplier, in any supply as well as for the hospital in the event of hospitalization.
The practitioner, medical assistant, pharmacist, supplier or institution uses the part of the The accident sheet for the purpose of establishing its bill of fees or invoice, or it reproduces on that note the particulars appearing on that sheet, in respect of, inter alia, the name, first name and address, registration number Of the victim, the date of the accident, and any special circumstances which it would be useful to report. The fee note or invoice is addressed to the organization, farm social mutuality fund or grouping, as designated on the accident sheet.
The consulted practitioner shall establish, in triplicate, a certificate indicating the condition of the victim, the consequences of the accident and its possible consequences, in particular the duration Likelihood of incapacity for work, if the consequences are not exactly known. It directly addresses, within 24 hours, two of these certificates to the Farm Social Insurance Fund or the grouping and gives the third to the victim.
When Healing the Injury or Occupational Disease Without permanent incapacity or, if there is a permanent incapacity, at the time of consolidation, a medical certificate indicating the final consequences, if they could not have been previously recognised, is established in triplicate. Two of the certificates are referred by the practitioner to the farm social mutuality fund or the group and the third is given to the victim, as well as any documents used to establish the certificate.
Except for force cases Failure of the practitioner to comply with the foregoing provisions, the agricultural social insurance fund or the grouping, the victim or his successors in title shall not be held liable for the fees.
A medical practitioner, a medical assistant, a pharmacist, a provider or a hospital institution, addresses his or her bill of fees or invoice to the credit union Farming social mutuality or the grouping as mentioned on the accident sheet presented by the victim.
The farm social insurance fund or the grouping shall have a period of 30 days from the date on which it received the declaration of accident or three months from the date on which it received the declaration of illness Professional to adjudicate on the professional character of the accident or illness.
The time prescribed in the section 30 above shall apply where, without prejudice to the provisions of Article 19 of this Decree in respect of a medical challenge, it shall be reported for the first time of an injury or illness presented as relating to a Accident at work or occupational disease.
The time limit for filing a medical certificate is the same as that provided for in section 26 of this Order for the reporting of an accident at work or occupational disease. In the event that the initial work accident or the initial occupational disease has been declared to the agricultural social insurance fund, it is obliged to inform the group accordingly. Similarly, in the event that the initial work accident or initial occupational disease has been declared to the group, it is obliged to inform the agricultural social insurance fund.
Subject to Article 35 of the In the absence of a decision of the agricultural social insurance fund or of the grouping within the period provided for in the first subparagraph, the professional character of the accident or sickness shall be recognised.
Outside recognition cases, the Farm Social Insurance Fund or the grouping informs the victim or his successors in title, prior to his Decision, on the procedure for the investigation and on the points which are likely to adversely affect them.
The agricultural social insurance fund or the grouping which considers it necessary sends to the victim a questionnaire on the causes of The accident or illness or an investigation by the person concerned.
However, this investigation is mandatory in the event of a fatal accident or where, according to the medical certificates issued by the practitioner indicating the condition of the victim and The possible consequences of the accident or of a medical certificate produced by the beneficiaries of the agricultural social insurance fund or the association, the lesion appears to have resulted in death or total permanent incapacity.
After the statement of the accident or illness, the victim or his successors in title can make their observations known. And any additional information or to report directly to the investigator of the agricultural social mutuality fund or to the group.
In the case of an investigation carried out by the agricultural social insurance fund or the group on the causal agent The chief operating officer must, on request, disclose the information necessary to identify the risk (s) and the products to which the victim may have been exposed, to the exclusion of any form, Dosage or process of manufacture.
For the purposes of the investigation, the agricultural social insurance fund or the grouping shall be communicated by the prevention service of the agricultural social mutuality the elements available to it on the products Used or the risks associated with the workstation or workshop considered, excluding any formula, dosing or manufacturing process.
The file set up by the farm social mutuality fund or the grouping must include:
-the accident declaration;
-the various medical certificates;
-the findings made by the credit union Farming social mutuality or grouping;
-information received at the farm social mutuality fund or the grouping.
This file may be communicated to the farm business or farm manager, to the victim, his successors in title Right or their agents. This file may be communicated to a third party only upon request by the judicial authority.
Where there is a need for examination Or a supplementary investigation, the agricultural social insurance fund or the grouping shall inform the victim or his successors in title before the expiry of the period provided for in Article 30 of this Decree by registered letter with a request for an opinion from the Receipt. At the end of a new period, which may not exceed two months in the case of accidents at work or three months in the field of occupational disease as from the date of such notification and in the absence of a decision of the credit union Farming or grouping, the professional character of the accident or disease is recognized.
In case of refusal of The reasoned decision of the agricultural social insurance fund or of the group shall be notified to the victim or his successors in title by registered letter with the request for a notice of receipt
The sickness or relapse is not recognised, the agricultural social insurance fund or the grouping indicates to the victim in the notification the remedies and the time limits for the admissibility of its dispute. The attending physician is informed of this decision.
As of receipt of this notification, the victim can no longer make use of the accident sheet to be returned to the Farm Social Credit Union or the group.
For the purposes of Article L. 752-24 of the Rural Code, the medical certificate shall mean that provided for in the first paragraph of Article 28 of this Decree.
If the medical certificate has not been provided, the agricultural social insurance fund or the group shall take its decision on the opinion of the chief medical officer of the medical control department of the social insurance fund Agricultural.
Decisions taken pursuant to Article L. 752-24 of the Rural Code by the Social Mutual Fund Shall be medically motivated.
These decisions, as well as those taken pursuant to Article 12 of this Decree, shall be notified to the victim by letter Recommended with acknowledgement of receipt. The same shall apply to proposals and notifications established in accordance with the provisions of Article 11 of this Decree.
The provisions of this section apply in respect of the recognition of the professional character of relapses.
The Minister for Employment and Solidarity and the Minister for Agriculture and Fisheries shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the Republic French
Done at Paris, February 14, 2002.
Lionel Jospin
By the Prime Minister:
The Minister of Agriculture and Fishing,
Jean Glavany
Minister of Employment and Solidarity,
Elisabeth Guigou
