- compensation for permanent incapacity

Verified 01 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Are you a victim of an accident and would you like to know if you are eligible for compensation if your working capacity is permanently reduced as a result of this accident? Do you want to know if you can receive additional compensation in the event of (very serious or intentional) misconduct by your employer or misconduct by a person outside the company? We present you the information to know.

If you are a victim of a disorder, you may suffer from long-term physical or mental impairment. In this case, your social security body (CPAM: titleContent or MSA: titleContent) determines a permanent incapacity rate (PIT) that allows you to receive compensation. Depending on your PPI rate, this allowance is paid as a capital or life annuity.

Procedure

The CPAM or MSA sets your final PPI rate based on the information collected. Your social security organization seeks the advice of its medical officer and, in some cases, the occupational physician (especially when permanent incapacity could make you unfit for work).

You and your employer are informed and may request the advice of the medical officer within 10 days of the notification of the decision.

Please note

the final PPI rate can be revised depending on the evolution of your health condition.

Criteria used to determine disability rate

To determine your PPI rate, CPAM or MSA uses the following criteria:

  • Nature of your disability
  • Your general condition
  • Your age
  • Your physical and mental faculties
  • Your professional skills and qualifications.

Remedies

You and your employer can challenge your social security agency's decision at the Amicable Medical Appeals Board, in the 2 months which follow its notification of the PPI rate.

Amount

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Disability rate less than 10%

If the CPAM or MSA sets a PPI rate below 10%, you receive a lump sum payment.

Its amount varies under the following conditions:

Tableau - Amount of the capital award paid according to your disability rate

Rate of permanent incapacity

Amount of capital compensation

1%

€483.39

2%

€785.73

3%

€1,148.17

4%

€1,812.25

5%

€2,295.79

6%

€2,839.53

7%

€3,443.42

8%

€4,108.25

9%

€4,833.20

Between 10% and 80%

You receive a life annuity until your death.

The amount is calculated on the basis of your annual salary, multiplied by the disability rate.

Your annual salary corresponds to the total effective remuneration received during the 12 months preceding the work stoppage following the accident or illness.

The reference annual salary taken into account shall be at least 21,498.18 and a maximum of €171,985.40.

To determine the amount of the pension, your annual salary is taken into account within a certain limit. Beyond that, part of your remuneration is taken into account either partially or not at all. The salary fraction taken into account or not taken into account is determined under the following conditions:

Tableau - Fraction taken into account according to your annual salary

Annual salary

Salary fraction taken into account

Salary less than €42,996.35

Full consideration

Salary between €42,996.35 and €171,985.40

Consideration at the rate of a third party

Salary greater than €171,985.40

No consideration

Your disability rate is determined by halving it to 50% incapacity and increasing it by half for the portion of the excess rate 50%.

Example :

If your PPI rate is set at 75%, the rate used to calculate your pension is 62.5% (i.e. (50: 2) + (25 x 1.5)).

From 80%

You receive a life annuity until your death.

The amount is calculated on the basis of your annual salary, multiplied by the disability rate.

Your annual salary corresponds to the total effective remuneration received during the 12 months preceding the work stoppage following the accident or illness.

The reference annual salary taken into account shall be at least 21,498.18 and a maximum of €171,985.40.

To determine the amount of the pension, your annual salary is taken into account within a certain limit. Beyond that, part of your remuneration is taken into account either partially or not at all. The salary fraction taken into account or not taken into account is determined under the following conditions:

Tableau - Fraction taken into account according to your annual salary

Annual salary

Salary fraction taken into account

Salary less than €42,996.35

Full consideration

Salary between €42,996.35 and €171,985.40

Consideration at the rate of a third party

Salary greater than €171,985.40

No consideration

Your disability rate is determined by halving it to 50% incapacity and increasing it by half for the portion of the excess rate 50%.

Example :

Example No 1

Let's assume, for the calculation of your disability pension, that your salary over the last 12 months amounts to €35,000 and that your PPI rate is 20%:

  • Your salary will be taken into account in full, since it is less than €37,299.82 (basic minimum wage).
  • The PPI rate used to calculate your pension will be 10% (20:2), as PPI rates below 50% are reduced by half.

Your pension will be calculated as follows: 35,000 x 10%. Your disability pension will then be €3,500.

Example No. 2

Let's assume, for the calculation of your disability pension, that your salary over the last 12 months amounts to €45,000 and that your PPI rate is 75%:

  • Your salary will be taken into account in full until €37,299.82 (basic minimum wage).
  • The fraction exceeding € 37,299.82, or € 7,700.18 (45,000 - 37,299.82) will be taken into account up to 1/3. So it's €2,566.73 which will be added to the 37,299.82 or €39,866.55.
  • The PPI rate used to calculate your pension will be 62.5% (or (50: 2) because PPI rates below 50% are reduced by half + (25 x 1.5) because the fraction of the PPI rate above 50% must be increased by half, or x 1.5).

Your pension will be calculated as follows: €39,866.55 (37 299.82 + 2 566.73) x 62.5% [50: 2 + (25 x 1.5) i.e. 25 + 37.5].

Your disability pension will then be €24,916.59.

If your health condition requires you to seek the assistance of a third party, you are entitled to the payment of Third-Party Supplementary Benefit (TPIP). This person helps you to perform the ordinary acts of everyday life (example: getting up, going to bed, dressing,...).

Payment of annuity

The disability pension is paid quarterly (or monthly in case of PPI of at least 50%).

You can ask for a portion of your life annuity to be paid (up to half) to your Civil partnership or partner in the event of death.

The application procedure varies depending on whether you are covered by the general scheme (CPAM) or the general agricultural scheme (MSA).

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You depend on CPAM

To request the conversion of the annuity, you must contact your CPAM: titleContent the following application form:

Application to convert a permanent incapacity pension into a lump sum or joint and several pension on the spouse's head (general plan)

Who shall I contact

This request can be made at any time, from the notification of allocation of the annuity.

CPAM has 2 months to respond.

If you do not receive a reply after this period, your request will be considered accepted.

The conversion of your pension into a joint and survivor pension (i.e. the income that will be paid to your spouse upon your death) is final.

You depend on the MSA

To request the conversion of the pension, you must contact your pension fund. MSA: titleContent the following application form:

Application to convert a permanent incapacity pension into a lump sum or a joint and several pension on the head of the Civil partnership, partner or cohabiting partner (farm plan)

Who shall I contact

Very serious (inexcusable) misconduct by the employer

Your accident may be the result of a fault inexcusable of your employer. This fault is recognized if it is established that the employer was (or should have been) aware of the danger to which you were exposed and did not take the necessary measures to protect you from it. It is up to you to prove the existence of damage and that your employer has not implemented the means to ensure your safety.

If the inexcusable fault is recognized, it allows you to obtain an increase in your permanent incapacity pension.

This mark-up is retroactive. It takes effect on the date of consolidation of your health status, i.e. when your condition is considered stabilized. This means that you can receive an annuity reminder, that is to say, the amounts that should have been paid to you since that date if the fault had been recognized earlier.

In addition to the increase in the annuity, the recognition of inexcusable fault also allows you to obtain the full compensation for damage suffered and not compensated by the annuity.

Example :

Physical and moral suffering, aesthetic and pleasure damage, damage resulting from the loss or reduction of your opportunities for professional promotion.

You must apply to CPAM or MSA for compensation and compensation for damages:

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You depend on CPAM

Who shall I contact

You depend on the MSA

Who shall I contact

If no amicable agreement is reached, you can apply to the judicial court (social pole) to have the inexcusable fault of your employer recognized.

To initiate inexcusable fault proceedings, you have 2 years from either:

  • the date of the accident,
  • recognition of the professional nature of the disease

Intentional misconduct by the employer

If the employer has deliberately sought to cause injury (physical abuse, for example), you can have the employer acknowledge the employer's intentional fault with the correctional court. You can obtain compensation in connection with this fault.

If your accident was caused by a person outside the company, you can claim compensation for the damage caused from the correctional court (unless the damage is already compensated by the incapacity pension).

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