Information applicable to employers who do not employ a prevention adviser level 1 or 2
Preventing accidents at work is of course better than curing them, that goes without saying. But when an accident does occur, it is important to know to whom it should be reported. Below you will find the explanation. Depending on the seriousness of the accident at work, you must follow a different path. In appendix you will find a diagram regarding the declaration of an accident at work.
Declaration of an accident at work
The internal notification
Every employee is obliged to report to their employer that they have been the victim of an accident at work. The law stipulates that this must happen 'as soon as possible'. In practice, the employer often describes a maximum period within the employment contract within which the notification must take place, such as submitting a justification for an absence.
The insurance company
The employer, or his appointee, is obliged to report every accident at work that results in loss of wages and incapacity for work (including accidents on the way to and from work), within 8 days to his occupational accident insurer. The day of the accident is not included. In addition to the declaration form, a medical certificate must be submitted with a description of the established injuries and the consequences of the accident. Without the declaration of the accident, the compensation file cannot be compiled.
Premed, your External Service for Prevention and Protection at Work (ESPPW)
For an accident resulting in at least 4 days of incapacity for work, the employer must inform their ESPPW, Premed, as soon as possible. Together with the employer, Premed will draw up an accident at work record card, one copy of which is for the employer and one copy for Premed's Medical Surveillance department.
Regional Directorate for Supervision of Well-being at Work
No reporting obligation or other formalities.
Declaration of a serious accident at work (see also "Definition of a serious accident at work" in appendix)
The insurance company
Same obligations as for a regular accident at work (see above).
Premed, your External Service for Prevention and Protection at Work (ESPPW)
In the event of a serious accident, the ESPPW must also be informed as soon as possible, preferably on the same day. The ESPPW must investigate the accident and propose preventive measures to prevent such an accident in the future.
A detailed report is drawn up by Premed. This (with a maximum of 5 performance hours) is one of Premed's tasks within the lump-sum minimum contribution for a C or D company, without an internal prevention adviser level 1 or 2. For each subsequent investigation and reporting for a serious accident at work within the same calendar year, extra costs will be charged.
This detailed report is handed over to the employer. The employer must supplement the report with preventive measures and then submit it to the Regional Directorate for Supervision of Well-being at Work.
Note: No detailed report is required for a serious commuting accident.
Regional Directorate for Supervision of Well-being at Work
The employer must submit the detailed report to the Well-being at Work Supervision department within 10 (calendar) days following the accident.
Please note! A fatal accident or an accident leading to a permanent injury must be reported immediately to the Well-being at Work supervision department.
Here you will find the contacts for the Regional Directorate for Supervision of Well-being at Work.
If you have any questions or would like further advice, do not hesitate to contact us. We are happy to help you further. (info@premed.be)
