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Death of an employee due to an accident at work or on the way: compensation for rights holders
Verified 06 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You are entitled accident at work of an employee who died on the occasion of a
A sum of money paid periodically called rent may be granted to you by your social security body (CPAM: titleContent or MSA: titleContent), under certain conditions.
Your rights vary according to you live as a couple with the deceased or are former spouse, child or ascendant.
We present you with the information you need to know.
What applies to you ?
You lived as a couple
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You had at least one child with the deceased
If you have had at least 1 child with the deceased employee, you can apply for the annuity.
However, if you have been convicted on a family basis, you will not be entitled to an annuity. This may be the case because of abandonment of the family, non-payment of maintenance or total withdrawal of parental authority.
You have no children with the deceased
You can apply for the annuity if you are in one of the following cases:
- You were married, Civil partnership accident at work partners or cohabiting partner declared before the date of the trip or trip
- You were in a relationship, a Civil partnership partner, or a common-law partner with the deceased at least 2 years before date of death
No, the annuity of the person entitled is not automatically allocated to you.
It's up to you to ask for it.
You must send an application, by free mail, to the sickness insurance fund of the deceased employee.
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The deceased depended on the general scheme
The deceased depended on the agricultural scheme
The amount of the annuity differs according to your situation.
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General case
The amount is fixed at 40% the deceased's annual salary.
You are 55 years old or 50% disabled
If you meet one of these 2 conditions, you can apply for an annuity supplement from 20%.
The pension will be increased to 60% of the deceased employee's annual salary.
You have remarried or gone
You have no children with the deceased
You're not entitled to an annuity.
It is replaced by the one-off payment an amount equal to 3 times the annual amount of the annuity you would have been entitled to if you had stayed with the employee before his or her death.
If you become a widower as a result of your new union or if your union ends (separation, divorce), you can collect the annuity again. It may be reduced by the amount of capital already paid in.
You had children with the deceased
You retain the right to an annuity for as long as your child benefits from it.
The deceased had remarried or passed away
As a previous spouse, your annuity cannot be less than half of the 40% annuity received by the new spouse.
As a result, your annuity will be at least 20%.
When several rights-holders are in receipt of an annuity, the total amount of annuities paid may not exceed 85% the annual salary of the deceased employee.
If this ceiling is exceeded, the amount of the pension paid to each entitled person shall be reduced in proportion to the excess.
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General case
The annuity shall be paid from the day following death.
However, you have to apply for it, because it's not automatic.
It is paid every quarter (every 3 months).
Deceased PPI annuitant
Where the deceased was in receipt of a permanent incapacity for work (PIP) pension, the beneficiary's pension is paid from 1er day of the month following the month in which the death occurred.
However, you have to apply for it, because it's not automatic.
The annuity shall be paid every quarter (every 3 months).
The amounts collected for the annuity are fully exempt general social contribution (CSG) and social debt repayment contribution (CRDS).
They are not included in the calculation of income tax.
The funeral expenses of the deceased victim shall be borne by the CPAM: titleContent or the AMM, up to €1,932.
The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:
- The death occurred during a business trip
- The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)
The rights-holders of the deceased may also, under conditions, receive a death capital.
You are the former spouse
You can apply for the annuity if, at the time of the accident, you met the following 2 conditions:
- You were divorced, physically separated or had broken your civil pact of solidarity (Civil partnerships) with the deceased
- The deceased was required to pay you support or financial assistance
No, the annuity of the person entitled is not automatically allocated to you.
It's up to you to ask for it.
To get it, you must request it, by free mail, from the sickness insurance fund of the deceased employee.
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The deceased depended on the general scheme
The deceased depended on the agricultural scheme
The amount of the annuity is equal to the amount of support or financial assistance the deceased was required to pay you before his/her accident.
This amount may not exceed 20% the deceased's annual salary.
When several rights-holders are in receipt of an annuity, the total amount of annuities paid may not exceed 85% the annual salary of the deceased employee.
If this ceiling is exceeded, the amount of the pension paid to each entitled person shall be reduced in proportion to the excess.
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General case
The annuity shall be paid from the day following death.
However, you have to apply for it, because it's not automatic.
It is paid every quarter (every 3 months).
Deceased beneficiary of a permanent incapacity for work pension
Where the deceased was in receipt of a permanent incapacity for work (PPI) pension, the beneficiary's pension is paid from 1er day of the month following the month in which the death occurred.
However, you must apply because the annuity is not paid automatically.
The annuity shall be paid every quarter (every 3 months).
The amounts collected for the annuity are fully exempt general social contribution (CSG) and social debt repayment contribution (CRDS).
They are not included in the calculation of income tax.
The funeral expenses of the deceased victim shall be borne by the CPAM: titleContent or the AMM, up to €1,932.
The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:
- The death occurred during a business trip
- The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)
The rights-holders of the deceased may also, under conditions, receive a death capital.
You're the child
If you are a legitimate (i.e. born during marriage) or natural child whose parentage has been recognized or adopted, you are entitled to an annuity until your 20 years.
No, the annuity of the person entitled is not automatically allocated to you.
It's up to you to ask for it.
To get it, you must request it, by free mail, from the sickness insurance fund of the deceased employee.
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The deceased depended on the general scheme
The deceased depended on the agricultural scheme
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General case
The amount is fixed at 25% the deceased's annual salary per child, for the first 2 children.
The amount is then set at 20% the annual salary of the deceased per child from the 3rd.
Orphan
The amount is fixed at 30% of the deceased's annual salary if you become an orphan of father and mother.
When several rights-holders are in receipt of an annuity, the total amount of annuities paid may not exceed 85% the annual salary of the deceased employee.
If this ceiling is exceeded, the amount of the pension paid to each entitled person shall be reduced in proportion to the excess.
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General case
The annuity shall be paid from the day following death.
However, you or the person responsible for you must request it because the payment is not automatic.
It is paid every quarter (every 3 months).
Deceased PPI annuitant
Where the deceased was in receipt of a permanent incapacity for work (PIP) pension, the beneficiary's pension is paid from 1er day of the month following the month in which the death occurred. To do so, you must apply.
The annuity shall be paid every quarter (every 3 months).
The amounts collected for the annuity are fully exempt general social contribution (CSG) and social debt repayment contribution (CRDS).
They are not included in the calculation of income tax.
The funeral expenses of the deceased victim shall be borne by the CPAM: titleContent or the AMM, up to €1,932.
The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:
- The death occurred during a business trip
- The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)
The rights-holders of the deceased may also, under conditions, receive a death capital.
You're an ascendant
You are entitled to an annuity if you meet one of the following conditions:
- If the deceased was living as a couple or had at least 1 child, you must prove that you were dependent on them
- If the deceased did not live as a couple and did not have a child, you must prove that you could have obtained support from him
No, the annuity of the person entitled is not automatically allocated to you.
It's up to you to ask for it.
To get it, you must request it, by free mail, from the sickness insurance fund of the deceased employee.
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The deceased depended on the general scheme
The deceased depended on the agricultural scheme
The amount is fixed at 10% the deceased's annual salary.
When several rights-holders are in receipt of an annuity, the total amount of annuities paid may not exceed 85% the annual salary of the deceased employee.
If this ceiling is exceeded, the amount of the pension paid to each entitled person shall be reduced in proportion to the excess.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The annuity shall be paid from the day following death.
However, you have to request it because the payment is not automatic.
It shall be paid1e every quarter (every 3 months).
Deceased beneficiary of a permanent incapacity for work pension
Where the deceased was in receipt of a permanent incapacity for work (PIP) pension, the beneficiary's pension is paid from 1er day of the month following the month in which the death occurred. To do so, you must apply.
The annuity shall be paid every quarter (every 3 months).
The amounts collected for the annuity are fully exempt general social contribution (CSG) and social debt repayment contribution (CRDS).
They are not included in the calculation of income tax.
The funeral expenses of the deceased victim shall be borne by the CPAM: titleContent or the AMM, up to €1,932.
The CPAM or MSA also pays for the cost of transporting the body to the burial site (only in France), at the request of the family, in one of the following cases:
- The death occurred during a business trip
- The deceased had left his/her residence at the request of his/her employer in order to be hired (specifically, the employee would sign his/her employment contract at the request of his/her employer)
The rights-holders of the deceased may also, under conditions, receive a death capital.
Who can help me?
Find who can answer your questions in your region
For further information (in particular concerning the steps to be taken)
Health insurance - 3646
To obtain information about your rights and procedures, ask a question about your file, report a change of situation or consult your refunds.
By telephone
3646
Open from Monday to Friday.
Caution : schedules vary according to your department.
As a general rule, opening hours are at least from 8:30am to 4:30pm.
Free service + call price, from a fixed or mobile phone.
From Mayotte, dial 02 69 61 91 91:
- Monday to Thursday from 7:30 am to 2:30 pm
- Friday from 7:30 am to 12 pm
From the foreigner: +33 1 84 90 36 46 (toll free + call price).
To facilitate responses, remember to bring your Vitale card before contacting Health Insurance.
By email and chat
Log in to your Ameli account : click on "My steps" and then "consult my exchange space".
You can also use ameliBOT. This chatbot can help you send an email. He can put you in touch with your health insurance fund.
Indeed, if at the end of 2 requests, ameliBOT does not provide you with a satisfactory answer, you can contact a health insurance advisor via the exchange area of the Ameli account.
For further information (in particular concerning the steps to be taken)
Primary health insurance fund (CPAM)For any further information, if you reside in a department of Ile-de-France, with the exception of the Seine-et-Marne (in particular concerning the steps to be taken)
Ile-de-France Regional Health Insurance Fund (Cramif)If the deceased was dependent on the agricultural scheme
Mutual Social Agricultural Organization (MSA)
General principles
Funeral expenses
Amount and payment of annuity
8°: taxation