Invalidity and inability to work: what happens when an illness prevents all work?
The first long Covid awareness day was held on Wednesday March 15, exactly three years after the start of the first confinement of the Covid-19 pandemic. What happens when an illness prevents you from working?
franceinfo: What are the different disability schemes and what does it mean to be declared unfit for work?
Philippe Duport: First case to examine: if the Covid has a professional origin. In this case, you receive a daily allowance, then, in the event of sequelae, an occupational disease pension. An annuity that can be combined with a professional activity, and with retirement. This case is generally reserved for carers, but could also benefit non-carers, if the medical adviser of the primary health insurance fund admits a direct and certain link with a professional activity.
And if the disease does not have an occupational origin?
In this case, we will receive daily sickness benefits, but within the limit of three years. Beyond that, the CPAM can decide to make you invalid. This requires not being retired, and losing two-thirds of your ability to work. In fact, lawyer Michel Ledoux, a specialist in occupational health issues, explains to me your general inability to earn enough money.
There are three levels of disability?
The first level concerns workers capable of carrying out a reduced professional activity. At the second level, the patient is unable to practice any profession. And at the third level, he also needs to be helped by a third person.
To determine the pension that will be paid, we will base ourselves on the average annual salary during the ten best years. We will allocate 30% of this salary to level 1.50% to level 2, and 90% to level 3. Please note, disability is always temporary, it can be revised at any time.
When you are sick, can you also be declared unfit for work?
Yes, the occupational physician may consider that the employee cannot remain in his post. In this case, the employer has the obligation to look for a reclassification for the employee, in the company or in the group.
If the employer does not find a position, if the employee refuses the reclassification or if the doctor considers that there can be no reclassification, then there is a breach of the employment contract. The employee declared unfit finds himself unemployed. With, ultimately, a very high risk of social disintegration, of course.