All companies, regardless of the number of employees, are obliged to take out workplace accident insurance. This policy covers the financial consequences of the employer’s legal liability in the event of workplace accidents that may affect its employees in the course of their professional activity, including the risks of commuting. There are two types of policy:

• The lump-sum policy: applicable to companies employing fewer than 5 people: a list of the names of employees must be provided when the policy is taken out and updated regularly.
• Revisable premium policy (based on sector of activity, payroll, CNSS statements): applicable to companies employing more than 5 people. In this case, the policyholder undertakes to provide the insurance company with a certified copy of the staff and salary declaration, in accordance with the legislation relating to the social security system. These copies must be sent on a monthly basis and no later than 20 days after the end of the month in question.

Procedure to follow in the event of a work accident 

There are two categories of procedure to follow in the event of a work accident:

• The administrative procedure: Begins with the victim informing his employer of the accident within a maximum of 24 hours. Then, within 48 hours, the employer files a declaration with the local or municipal authorities or, failing that, with the gendarmerie or the chief of police station responsible for the place where the accident occurred. The employer must then provide the local authorities with certificates (of the accident, of its prolongation and of recovery). Under the provisions of the 1963 dahir, the local authorities are required to forward the accident report and the certificates to the competent court within 15 days. The local authority is obliged to inform the labour inspector.
• Legal proceedings: As soon as the case file is received, the court opens an investigation into the conditions in which the accident occurred. This investigation also includes the verification and checking of certain information specific to the employee and the employer (remuneration, financial situation of the company, etc.). In addition, the court initiates a judicial conciliation procedure aimed at making a proposed offer of compensation to the victim. If an agreement is reached, the compensation is processed and paid. Failing this, legal proceedings are initiated with the court of first instance, the court of appeal and the supreme court, where medical expertise and the procedure for notifying and enforcing judgements follow.

Compensation 

In the event of a proven accident at work, the employer is obliged to pay compensation to the employee. According to article 58 of the Labour Code, these payments fall into three categories:

• a daily allowance paid to the victim during the period of temporary incapacity. It is payable at the times and places of pay used by the employer and without distinction between working days and weekly rest days. The indemnity is calculated as two-thirds of daily pay from the first day following the accident or the disclosure of the occupational disease. Next,
• an annuity paid to a permanently disabled victim: Article 83 of the DOC explains that ‘the rate of permanent disability is determined on the basis of the nature of the disability, the victim’s general condition, age and physical and mental faculties, as well as on the basis of his or her aptitudes and professional qualifications, in accordance with an indicative disability scale established by an order of the Minister for Labour and Social Affairs’.
• an annuity paid to the victim’s dependants in the event of death.

Induced accident

Articles 309 to 313 of the Moroccan Labour Code deal with intentional and inexcusable misconduct in the event of an accident at work. These faults are associated with the intention to cause the accident at work. Article 309 states that ‘none of the benefits and compensation provided for in this dahir may be awarded either to the victim who intentionally caused the accident, or to the victim’s dependants’. In fact, according to article 310: ‘if the accident is due to the wilful misconduct of the employer or his employees, the victim or his dependants retain the right to claim compensation for the loss caused in accordance with the rules of ordinary law’. Finally, if it is proven that the accident was caused by the victim’s inexcusable fault, the court has the right to reduce the pension awarded to the victim.

Summary based on the article by Zineb SATORI / L’ECONOMISTE / Edition N°:3744