At the start of the summer vacation period, a decree has modified the system for apportioning the cost of accidents at work and occupational illnesses suffered by temporary workers.
We'd like to tell you all about it in a special report.
Distribution prior to the July 5, 2024 decree
Article L. 241-5-1 of the French Social Security Code stipulates that in the event of an accident at work or occupational illness suffered by a temporary worker, the user company must pay part of the cost.
This means that the temporary employment agency is not solely responsible for the cost of an occupational accident or illness suffered by its employee.
Until now, Article R. 242-6-1 of the French Social Security Code stipulated that the cost of accidents or illnesses resulting in a permanent partial disability rate of 10% or more was apportioned as follows: one-third of the average cost corresponding to the permanent partial disability rate was recorded in the user company's employer account, and the remaining two-thirds in the temporary employment agency's account.
Costs related to the partial permanent disability rate of 1 to 9%, as well as all costs related to temporary disability (days off work) remained the sole responsibility of the temporary employment agency, as employer.
The new breakdown
Decree 2024-723 of July 5, 2024 amended article R. 242-6-1 :
- on the one hand, the distribution of the cost of accidents at work and occupational illnesses is no longer based on one-third/two-thirds, but on half/half;
- on the other hand, the cost breakdown also covers temporary disability and permanent partial disability rates from 1 to 9%.
From now on, user companies will have to bear half the cost of occupational accidents and illnesses suffered by the temporary workers they employ, both in terms of temporary incapacity (days off work) and permanent incapacity (rates of partial permanent incapacity from 1 to 100%).
Our special report: Work-related accidents of a temporary employee: understanding for better collaboration
In this special report :
- Key figures on temporary employment in France
- Roles and procedures in the event of a workplace accident
- Financial breakdown in the event of a workplace accident
- Our recommendations