Work-Related Accidents and Occupational Diseases (AT & MP)

An employee may suffer an accident while on the job or develop an illness related to their work. In Mali, a protection program administered by the National Social Security Institute (INPS) provides coverage for these risks.

To benefit from this protection, it is essential to understand the situations covered, the steps to take, and the role of each party involved.

1. What is a work-related accident?

According to Article 62 of the Social Security Code, a workplace accident is an accident that occurs as a result of or in the course of work.

Example: An employee is injured while operating a machine or falls during a material-handling operation. These events may be recognized as workplace accidents.

Coverage may also extend to commuting accidents that occur between the employee’s residence and their workplace, whether on the way to or from work. Article 63 specifies that the commute must not have been interrupted or diverted for personal reasons or reasons unrelated to employment.

Social Security Code, Articles 62 and 63.

2. What is an occupational disease?

An occupational disease is a condition related to the employee’s work. It may develop gradually, particularly as a result of exposure to harmful substances or working conditions.

Recognition of an occupational disease is based on the schedules of occupational diseases applicable in Mali and on the medical and occupational evidence in the case file.

It is therefore necessary to identify the illness, examine the work performed, and verify that the conditions for recognition set forth in the relevant schedule are met. The link may relate to a current activity or to prior occupational exposure.

Example: When an employee develops a condition after working in contact with a harmful substance, the medical diagnosis and the employee’s work history allow for an assessment of whether this condition constitutes an occupational disease. The mere fact of being ill during a period of employment is not sufficient.

Social Security Code, provisions regarding occupational diseases.

3. What must the employer do in the event of an accident?

The top priority is to ensure the employee receives medical care. The employer must arrange for emergency medical care, notify a doctor, and, if necessary, have the victim transported to the nearest healthcare facility.

The employer must then report the accident immediately, or within 48 hours at the latest, to the INPS, and complete the necessary paperwork to forward the case to the Labor Inspectorate. This reporting requirement also applies to confirmed occupational diseases.

The report helps clarify the circumstances of the incident and initiates the review of the case. It is helpful to keep records of the location, time, any witnesses, and medical documents.

If the employee has not returned to work within three days of the accident, the employer must request the medical certificate required by regulation. This deadline does not exempt the employer from arranging medical care immediately.

INPS, formalities, and reporting.

4. What happens to the employment contract?

When a work-related accident or occupational disease prevents the employee from working, their contract is suspended for the duration of the corresponding leave.

This means that the employee temporarily ceases to perform their work, without this suspension, in and of itself, constituting a termination of the contract.

Labor Code, suspension of the contract.

Medical follow-up allows for monitoring the progression of the employee’s condition: recovery or consolidation of injuries. Consolidation refers to the stabilization of the injuries; it does not necessarily mean that all aftereffects have disappeared.

5. How is the employee compensated?

Coverage may include reimbursement for medical care and financial benefits.

In the event of temporary incapacity to work, the INPS provides compensation calculated on the basis of 100% of the employee’s last salary prior to the accident, in accordance with the rules applicable to the case.

If permanent sequelae remain, a pension or, in certain cases, a lump-sum payment may be awarded. In the event of death, benefits are provided to eligible beneficiaries.

INPS, Work-Related Accident and Occupational Disease Benefits.

The employer’s inexcusable fault does not preclude compensation from the INPS. It may result in an increase in compensation, as determined by the labor court. The INPS pays this increase and recovers the amount from the employer through an additional contribution.

Social Security Code, Article 68.

6. Who funds this coverage?

The workers’ compensation and occupational disease program is funded by a contribution paid entirely by the employer, with a rate ranging from 1% to 4% depending on the company’s classification.

It is calculated on the basis of wages subject to social security contributions. It is therefore not a deduction taken from the worker’s salary.

INPS, social security contributions.

7. Support from APPM

APPM assists employers in implementing procedures for the prevention and management of workplace accidents and occupational diseases.

This support includes, in particular:

• organizing the steps to be taken when an accident occurs;
• assistance with reporting the incident and compiling the necessary documentation;
• following up on compensation claims with the relevant agencies;
• providing individualized support to affected employees.