Employment law
Occupational illness or accident: the employer's obligations
First aid, reporting within 48 hours, and compensation borne by the INPS.
Where the condition is occupational in origin, the regime changes entirely: it is no longer the employer that compensates, but the INPS. In return, two obligations fall on the employer, and both play out in the hours following the event.
These two obligations, give aid, then report, are what condition the victim's access to benefits. On the regime for conditions unconnected with work, see Non-occupational illness or accident.
1. The first obligation: give aid
In case of a workplace accident or occupational disease, the employer must:
- provide first aid;
- alert the available doctor;
- have the employee taken to the nearest health centre.
This obligation is immediate and awaits no verification. It presupposes arrangements made in advance: an accessible first-aid kit, identified first aiders, the contact details of the designated health centre posted, and transport available. This is exactly what belongs in the hygiene and safety part of the internal rules. Social Security Code, Article 72 (French).
2. The second obligation: report within 48 hours
The employer must report within 48 hours every workplace accident and every occupational disease established. The report goes to the INPS.
Two clarifications on when the deadline starts:
| Situation | Start of the deadline |
|---|---|
| Event occurring in Mali | The occurrence of the accident or the establishment of the disease |
| Event occurring outside Mali | The employer's receipt of the information |
The deadline therefore does not run from the end of an internal enquiry. An incomplete file filed on time is always worth more than a complete file filed late: supporting documents follow, the deadline cannot be recovered. Social Security Code, Article 71 (French).
3. Why does this deadline matter so much?
Because it conditions cover. Compensation by the INPS requires three conditions to be met:
- the company and the victim are registered with the INPS;
- social contributions are up to date;
- the accident was reported within the prescribed period.
If any is missing, the burden of compensation returns to the employer, without prejudice to damages and administrative penalties. A late report therefore does not merely delay a payment: it turns a pooled risk into a company debt.
4. Compensation for the victim
Employees whose contract is suspended following an occupational disease or workplace accident are compensated by the INPS, under the Social Security Code. Cover includes:
| Benefit | Purpose |
|---|---|
| Medical costs and hospitalisation | Care related to the condition |
| Prosthetic appliances | Supply and replacement |
| Transport costs | Travel connected with care |
| Daily allowances | Income replacement during temporary incapacity |
| Pension | In case of permanent incapacity |
The payroll consequence: the absence is not treated as ordinary sick leave, and the employer does not apply the compensation scale for non-occupational conditions.
5. Effects on the contract
Unavailability suspends the employment contract, with no six-month limit, unlike the non-occupational regime.
- The post is kept throughout the incapacity.
- The period counts towards seniority and is treated as effective work for calculating annual leave.
- Termination during the incapacity is closed off, save for misconduct of sufficient gravity assessed under the ordinary rules.
- Where unfitness is found by the occupational physician, redeployment is possible, including to a lower post, but with pay maintained.
Labour Code, Articles L.34 and L.149 (French).
6. What to do, in order
| Priority | Action | Timing |
|---|---|---|
| 1 | First aid, alert the doctor, transport to the health centre | Immediate |
| 2 | Secure the area and prevent a second accident | Immediate |
| 3 | Record the facts, time, place and witness statements | The same day |
| 4 | Report to the INPS, with reasoned reservations if in doubt | 48 hours |
| 5 | Treat the absence as suspension, not as ordinary illness | From the start of the absence |
| 6 | Analyse the cause and correct what made the accident possible | In the following days |
Key takeaways
| The rule | What it implies |
|---|---|
| First aid, doctor, transport | An immediate obligation, to be organised in advance |
| Reporting within 48 hours | From the events, or from receipt of the information where the event occurred outside Mali |
| Three conditions for cover | Registration, contributions up to date, timely reporting |
| Failing those, the employer bears the compensation | Plus damages and penalties |
| The INPS compensates throughout the incapacity | Without the six-month limit of the non-occupational regime |
| Unfitness: redeployment with pay maintained | Redeployment does not justify a pay cut |