Accident at Work – APPM

Any employee covered by the Labour Code who suffers an injury at their place of work or in a commuting accident (travelling from home to work or from work to home without making a detour) is deemed to have suffered an accident at work.

The scheme for compensation and prevention of workplace accidents and occupational diseases is compulsory for all employees carrying out their professional activities in the Republic of Mali or on behalf of an employer domiciled in Mali, in accordance with the provisions of Law No. 99-041 establishing the Social Security Code.

Who is responsible for compensating for work-related accidents?

Compensation for work-related accidents in the Republic of Mali is the responsibility of the National Social Security Institute (INPS) under the following conditions:

The company and the victim of the accident must be registered with the INPS,
Social security contributions must be up to date (both employer’s and employee’s contributions),
The accident must have been reported within the prescribed time limit (no later than 48 hours).

If any of these conditions is not met, the employer shall be liable for compensation for the accident, without prejudice to any damages the victim may claim from the employer, as well as any penalties imposed by the Labour Inspector for breach of statutory public policy provisions.

The victim’s rights

Any workplace accident meeting the conditions set out above entitles the victim to a number of rights:

Where the accident results in a period of incapacity, this period will be fully paid by the INPS
Where it results in permanent partial incapacity, the victim will receive a life annuity paid by the INPS
As the period of incapacity is regarded as a period of sickness and as time worked, it may not be deducted from annual leave
An employee who has suffered a workplace accident may not be dismissed during the period of incapacity unless they have committed gross negligence (as determined by the labour court judge).

Reassignment of the victim

If the victim is declared unfit by the occupational health doctor to perform the role they held on the day of the accident, they may be redeployed to a post, even if it is of a lower grade, but with the same remuneration. If no role is suitable for their abilities, the employer is obliged to dismiss them in accordance with the procedures and conditions laid down by law.

What should be done if an employee who is unfit for their role refuses redeployment despite the occupational health doctor’s recommendations?

In this specific case, the employee will be deemed to have resigned and will be compensated on the same terms as a fit employee who hands in their notice.

Key terms

Commuting accident: An accident suffered by an employee whilst travelling between their home and their place of work, and vice versa, provided that the journey was not interrupted or diverted for reasons of personal interest or unrelated to their employment, as well as an accident occurring during travel the costs of which are borne by the employer.

The victim is entitled to the same protection as a victim of an accident at work.

Workplace accident contribution: The contribution for workplace accidents and occupational diseases is paid by the employer. It is included in the employer’s share of social security contributions. The rate of this contribution, set by the INPS, varies between 1 and 4 per cent of the contributory salary, depending on the sector of activity and the risk of a work-related accident.