Temporary work accident: what are your rights?

Who is responsible for reporting a work accident for temporary workers?

• The temporary worker : Immediately after the accident, they must inform the user company and the temporary staffing agency, ideally within 24 hours. At the same time, it is essential that they consult a doctor who will issue an initial medical certificate describing the injuries and confirming their link to the accident. **This document will be sent to the temporary staffing agency **to complete the file. The employee then receives the work accident form, which will allow them to access care without upfront costs thanks to the section intended for healthcare professionals.
• The user company : As the location where the accident occurred, it must record the incident, provide immediate assistance if necessary, and transmit essential information to the temporary staffing agency. This information includes testimonies, the precise circumstances of the accident (date, time, place), and any element related to safety. In case of emergency, the company can accompany the temporary worker to their medical consultation, where the doctor will use the work accident form to link the care to the incident
• The temporary staffing agency : As the legal employer, it is responsible for the official declaration to the CPAM (Primary Health Insurance Fund), which must be made within 48 hours (excluding weekends and public holidays). It must also provide the temporary worker with the work accident form, composed of several sections:
  • A section for the employee, allowing them to prove their status to the CPAM.
  • A section for healthcare professionals, guaranteeing coverage of care without upfront costs.
  • A section intended for the CPAM, which must be sent to activate the recognition of the accident.

The role of the user company

• Recording the facts: It must secure the premises, gather testimonies, and accurately report the circumstances of the accident. précisément les circonstances de l’accident.
• Communication with the temporary staffing agency : The information must be transmitted quickly so that the agency can correctly complete the declaration and the accident form.
• Possible assistance : If the temporary worker requires immediate medical consultation, the company can direct them to a healthcare professional, who will use the relevant section of the work accident form.

The role of the temporary staffing agency, the legal employerl

• The official declaration to the CPAM: It completes the CERFA form (official administrative form) and transmits it within the required deadlines. This document triggers the recognition of the accident and coverage by social security.
• Providing the work accident form : This document is crucial to guarantee the temporary worker rapid and free access to the necessary care. It must be completed correctly to avoid any rejection of coverage by the CPAM..
• The salary certificate : It must provide the CPAM with the necessary information to calculate daily allowances, based on the reference daily salary established over the last 12 months.

Work accident of a temporary worker: remuneration

Daily allowances (IJSS)

** Example:**

If a temporary worker earns €2,000 gross per month, their daily salary is €66.67. They will receive: 60% (i.e., €40 per day) during the first 28 days of leave, Then 80% (i.e., €53.34 per day) from the 29th day.

Salary maintenance and supplementary allowances

• Seniority within the agency,
• The duration of the assignment,
• And the sector of activity.

End-of-Assignment Bonuse (IFM)

Concrete example : A temporary worker on assignment for one month, whose gross remuneration is €2,000, will receive an IFM of €200 at the end of the contract, even if they are on leave due to a work accident at the time the assignment ends.

When you are on leave for a work accident, do you receive your full salary?

Specific cases

• End of assignment during sick leave :

• Extension of sick leave :
• In the event of an extension of sick leave, the temporary worker must provide a new medical certificate to the temporary staffing agency and the CPAM to ensure the continuity of IJSS.
• Remote assignment or business trip :
• The temporary worker's rights remain the same, but a precise declaration of the circumstances is essential to guarantee coverage without dispute (for example, an accident on a temporary worksite outside their usual region).

Work accident in temporary work and consequences for unemployment

End of assignment during sick leave

• Extended daily allowances : As long as the temporary worker is on leave for a work accident and the CPAM recognizes the accident, they continue to receive their IJSS, even after the end of the assignment.
• End of employer supplement : As a general rule, if the assignment is completed and no specific clause has been provided, the temporary worker no longer receives the salary supplement paid by the temporary staffing agency. However, they remain covered by Health Insurance (IJSS).

Unfitness, return to work, and registration with Pôle Emploi

• Recognized unfitness : If occupational health determines unfitness, the temporary staffing agency must look for a reassignment or, failing that, formalize the end of the employment relationship. The temporary worker can then, depending on their situation, receive specific compensation or initiate a disability recognition process.
• Return to work : When the temporary worker is again fit to work (end of sick leave), they can register with Pôle Emploi if they do not immediately find a new assignment.
• Opening unemployment rights: : To benefit from ARE (Return-to-Employment Allowance), the temporary worker must have accumulated the required number of hours (or days worked) and be physically fit to resume employment. The time spent on leave for a work accident does not automatically extend the contribution period, but as long as they are unable to work, the temporary worker cannot register with Pôle Emploi as an active job seeker.

EIn summary, leave for a work accident suspends the possibility of receiving unemployment benefits as long as the employee is unable to work. Nevertheless, as soon as the leave ends and provided they have contributed sufficiently, they can register with Pôle Emploi to assert their rights.