Employment law
Workplace accidents: the scheme, benefits and job protection
The scheme for compensating and preventing workplace accidents and occupational diseases is compulsory for all salaried workers in Mali. It rests on Law No. 99-041 establishing the Social Security Code, and compensation is provided by the National Social Security Institute (INPS).
This pooling comes with a condition: it applies only where the company has met its obligations. Otherwise the burden returns to the employer, the costliest point in this article. Social Security Code (French).
1. Who is covered, and for what?
A worker is the victim of a workplace accident where they suffer an accident by reason of or on the occasion of work, whatever its cause. An accident on the journey between residence and workplace is treated the same, provided the route was not interrupted or diverted for a personal reason.
On the qualification criteria, see Workplace accidents: the 3 conditions; on the protected journey, see Commuting accident. Social Security Code, Articles 62 and 63 (French).
2. On what conditions does the INPS provide cover?
Three conditions, all verifiable before the accident except the last:
| Condition | What it requires | When it is verified |
|---|---|---|
| Registration | The company and the victim are registered with the INPS | At hiring |
| Contributions up to date | Social contributions have been paid | Continuously |
| Reporting on time | The accident is reported within 48 hours at the latest | At the time of the events |
If any of these is missing, the burden of compensation returns to the employer, without prejudice to damages and administrative penalties. This is what gives the administrative formalities their real weight: a forgotten registration or a late report turns a pooled risk into a company debt. Social Security Code, Article 71 (French); Workplace accidents: mistakes to avoid.
3. What benefits for the victim?
| Benefit | What it covers |
|---|---|
| Medical costs and hospitalisation | Care related to the accident |
| Prosthetic appliances | Supply and replacement under the scheme's conditions |
| Transport costs | Travel connected with care |
| Daily allowances | Income replacement during temporary incapacity |
| Pension | In case of permanent incapacity, partial or total |
The point to retain for payroll: during the incapacity, the social security scheme takes over income replacement. Absence following a workplace accident is therefore not treated like ordinary sick leave. Social Security Code, Article 85 (French).
4. What job protection applies?
Unavailability resulting from a workplace accident or occupational disease suspends the employment contract. Three consequences follow:
- The post is kept and the contractual bond remains throughout the incapacity.
- The period counts towards seniority, and is treated protectively for annual leave: it is not deducted from the leave entitlement as an ordinary absence would be.
- Terminating the contract during the incapacity is closed off, save for misconduct of sufficient gravity assessed under the ordinary rules. Absence following a workplace accident is not in itself a ground for dismissal.
Labour Code, Article L.34 (French).
5. What if the employee cannot resume their post?
Where the occupational physician declares the victim unfit for the role held on the day of the accident, the relationship does not end there: the employee may be redeployed to another post, including a lower-level one, but with their remuneration maintained.
This protective rule must be applied in full: redeployment cannot serve as a pretext for a pay cut. Conversely, refusing a redeployment offered in accordance with medical recommendations places the employee in the position of having resigned, with the corresponding consequences for compensation.
Three practical precautions: put the redeployment offer in writing, state within it that remuneration is maintained, and keep the medical opinion supporting it.
6. What does it cost the employer?
Cover for occupational risk is financed by an employer contribution, whose rate varies with the sector of activity and the level of occupational risk, in the order of 1% to 4% of salary.
This contribution is the counterpart of pooling. It explains why prevention is not only a safety obligation: a controlled accident rate is also an economic variable.
7. What to do, in summary
| Moment | What to do |
|---|---|
| At hiring | Check the employee's registration with the INPS |
| Continuously | Keep contributions up to date; train on safety rules |
| Within the hour of the accident | Give first aid, secure the area, inform, record the facts and statements |
| Within 48 hours | Report to the INPS, with reasoned reservations if in doubt |
| During the absence | Treat it as suspension of the contract, not as ordinary sick leave |
| On return | Arrange the medical examination and, if needed, redeployment with pay maintained |
Key takeaways
| The rule | What it implies |
|---|---|
| The scheme is compulsory for all employees in Mali | Based on Law No. 99-041 establishing the Social Security Code |
| Three conditions for cover | Registration, contributions up to date, reporting within 48 hours |
| Failing those, the employer bears the compensation | Plus damages and administrative penalties |
| The absence suspends the contract | Post kept, seniority maintained, annual leave preserved |
| Unfitness opens redeployment | Possibly a lower post, but with pay maintained |
| The employer contribution ranges from 1% to 4% | Depending on sector and risk level |