Preventing workplace accidents is, of course, always the best option. But when one does occur, it is advisable to be aware of the legal obligations.
The employer (his appointee or agent) is obliged to report the occupational accident – including an accident on the way to or from work – within 8 days to his occupational accident insurer so that the victim can be compensated for all medical costs incurred. The day after the accident is considered 'day 1'.
Is it a work accident?
Sometimes there is discussion whether the accident is a work accident or not; a work accident presupposes every sudden event with at least one external cause, where there is an injury with at least medical costs (damage to prostheses or orthopedic devices is also considered a work accident). There must also be a causal link between an accident and the injury.
A golden piece of advice: report the accident, even in the slightest doubt. The work accident insurer will certainly inform you if it does not concern a work accident.
How to declare?
Every work accident or accident on the way to and from work must be reported:
- with a paper declaration form from the work accident insurer or a form provided by Fedris (https://fedris.be/nl/formulieren/aangifte-van-arbeidsongeval-de-privesector-en-medisch-attest-van-eerste-vaststelling)
- or electronically:
• via the software program provided by the insurer
• via the social security portal site: https://www.socialsecurity.be/site_nl/employer/applics/publiato/index.htm?type=noss
If the victim is incapacitated for less than 4 days and is already back at work at the time of reporting, a simplified report can be made (this can only be done electronically).
Further obligations
- The employer is always obliged to send a copy of the occupational accident report card or of the declaration to the Medical Surveillance department of Premed (External Service for Prevention and Protection at Work) for every occupational accident for which an accident report card must be drawn up, namely for occupational accidents with at least 4 days of absence from work, not including the day of the accident. This copy must be kept in the employee's health file.
- Also all measures must be taken to prevent similar accidents in the future.
Which measures these are, follows from the accident investigation carried out by the members of the hierarchical line in cooperation with the internal prevention adviser. In companies without a level 1 or level 2 prevention adviser, the investigation of occupational accidents with 4 or more days of incapacity for work must always be carried out by the external prevention service, Premed.
-
The information regarding the occupational accident investigation with at least 4 days of incapacity for work must be collected on an occupational accident report card (or on the occupational accident declaration form).
The employer keeps the occupational accident report card or a copy of the declaration for at least 10 years at the location where the accident occurred.
Influence on insurance premium
We also wish to inform you that the number and severity of occupational accidents within the company determine the annual premium you pay to the occupational accident insurer, but also determine whether or not to label your company as a “increased risk”. If your company is considered an increased risk, you must pay a fixed contribution to your insurance company, which the prevention service of the insurance company will spend on analysing the risk in the company, a proposed action plan, and concrete remediation measures.
For questions, you can always contact Premed at 016 308 111 or at info@premed.be
