In the event of total temporary incapacity for work due to a work-related/commuting accident or an occupational illness, a cash benefit is paid to the victim (i.e. the insured) for a maximum of 78 weeks (over a reference period of 104 weeks). This monetary allowance is calculated as for health insurance.
Beyond this limit or in the absence of monetary compensation, and for as long as total work incapacity persists, a full pension may be granted upon request.
Who is concerned
The following may apply for an accident pension in the event of temporary full disability:
- employees (private and public sector) insured in Luxembourg, be they residents or cross-border employees, whether or not they are nationals of the European Union;
- self-employed (non-salaried) workers;
- children, schoolchildren, secondary school students and university students, subject to certain conditions.
The insured must experience a decrease in his work capacity following an accident or an occupational disease to be able to claim the benefit of the full pension from the Accident Insurance Association (AAA).
During his total work incapacity, the insured person is entitled to a full pension from the end of the right to sickness benefit which:
- normally coincides with that of a continuous or discontinuous period of work incapacity of 78 weeks over a reference period of 104 weeks irrespective of its cause; or
- may occur earlier, particularly in the event of the termination of the assignment contract (in case of temporary employment) or fixed-term work (in the case of a fixed-term contract);
- in the absence of entitlement to the sickness benefit.
Note that the full pension can be combined with any disability pension.
The insured person must submit their application within 3 years of the stabilisation of their condition or professional redeployment.
After this 3-year period has elapsed, the application is only admissible if the insured:
- proves that the consequences of the accident, in terms of the victim's working capacity, could only be ascertained later;
- was physically unable to make a request.
How to proceed
Submitting the application
The applicant must complete the application for full pension.
The duly completed and signed application must then be returned to the AAA.
Specific features and limitations of the complete pension
Specific features of the full pension
The full pension granted in the event of total disability of the insured corresponds in principle to his pensionable occupational income for the accident insurance scheme, during the 12 months 12 months preceding the accident or the occupational disease.
The AAA grants, refuses or withdraws the pension based on the advice of the Social Security Medical Board. The person concerned can still challenge the decision by way of appeal.
Except for children, schoolchildren, secondary school students and university students, the full annual pension shall be at least 12 times the social minimum wage and shall not exceed 60 times the social minimum wage applicable in the month of the accident.
Limitations in time
The insured loses the benefit of total disability and any benefits in kind if the Social Security Medical Board finds that the consequences of the accident or the occupational disease no longer justify total work incapacity.
Insured individuals may continue to receive their full pension if, on stabilisation of their injuries, they are permanently disabled. The insured receives the annuity:
- until the age of 65; or
- until the retirement age.
Interested parties have several means of appeal at their disposal to assert their rights.
Forms / Online services
Demande en obtention d'une rente complète (accidents survenus ou maladies professionnelles déclarées à partir du 01.01.2011)
Antrag auf Gewährung einer Vollrente (Arbeitsunfälle, die sich ab dem 01.01.2011 ereignet haben, oder Berufskrankheiten, die ab dem 01.01.2011 gemeldet wurden)
Informations concernant la demande en obtention d’une rente complète (accidents survenus ou maladies professionnelles déclarées à partir du 01.01.2011)
Informationen zum Antrag auf Gewährung einer Vollrente (Arbeitsunfälle, die sich ab dem 01.01.2011 ereignet haben, oder Berufskrankheiten, die ab dem 01.01.2011 gemeldet wurden)