Occupational illness: compensation in case of permanent incapacity

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

Are you suffering from an occupational disease and would like to know if you can benefit from compensation when your working capacity is permanently reduced due to this disease? Do you want to know if you can receive additional compensation in the event of a very serious (inexcusable) fault on the part of the employer? We present you the information to know.

If you have an occupational disease, you may have long-lasting physical or mental impairment and sequelae. In this case, your social security organization (CPAM: titleContent or MSA: titleContent) determines a permanent incapacity rate (PPI)which allows you to receive compensation in the form of capital or life annuity.

Forecasting incapacity

You may be granted a predictive incapacity rate if you meet the following 2 conditions:

That rate shall be fixed on a provisional basis, until the completion of the instruction to grant you a final PPI.

Permanent permanent incapacity

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

You and your employer are informed of this and can request the advice of the medical advisor in the 10 days following 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 disability rate, the CPAM: titleContent or the MSA: titleContent shall be based on 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 may challenge the decision of the CPAM or the MSA to the Amicable Medical Appeals Board, within 2 months of its notification of the PPI rate.

Amount

The method of compensation by CPAM or MSA depends on the PPI rate:

  • If your PPI rate is less than 10%, you receive a lump sum lump sum payment in one go.
  • If your PPI rate is equal to or higher than 10%, you benefit from a life annuity until your death.

Warning  

If you are affected by an occupational disease related to asbestos, you benefit from specific compensation scheme.

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Disability rate less than 10%

If the CPAM or MSA sets a PPI rate below 10%, you receive a capital allowance, the amount of which varies as follows:

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

Disability rate between 10% and 80%

You receive an annuity, the amount of which 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 fraction of salary 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)).

Disability rate from 80%

You receive an annuity, the amount of which 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)).

If your state of health requires you to have recourse to the assistance of a third person to perform the ordinary acts of everyday life (example: get up, dress,...), you are entitled to the payment of the Third-Party Supplementary Benefit (TPIP).

Payment of annuity

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

However, you can ask the CPAM that part of your pension:

  • be paid to you in the form of capital,
  • and/or is used to build up a life annuity that can be paid (up to half) to your spouse, in the event of death.

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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)

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.

If you request both the capital conversion and the benefit of the conversion into a joint and several annuity, the 2 decisions taken by the caisse must be the subject of separate notifications.

The conversion of your annuity into a capital or joint and several annuity is final.

You depend on the MSA

To request the conversion of the annuity, you must contact your 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)

Your occupational disease may be the consequence of a misconduct inexcusable of your employer.

Inexcusable misconduct is recognized when 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's up to you to prove your employer's inexcusable fault.

If inexcusable fault is recognized, it allows you to obtain:

  • an increase in your permanent incapacity pension,
  • full compensation for the damage suffered and not compensated by the pension (for example: physical and moral suffering, aesthetic and pleasure damage, damage resulting from the loss or reduction of your possibilities for professional promotion).

The claim for compensation and compensation for damages must be made to CPAM or MSA.

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You depend on CPAM

Who shall I contact

You depend on the MSA

Who shall I contact

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