Applying for a waiting pension while waiting for external reclassification following an accident at work or an occupational disease

Any employee or self-employed person may apply for a waiting pension if their professional redeployment or retraining is attributable to an accident at work or an occupational disease.

Employees must appear before the Mixed Commission and the Social Security Medical Board. The self-employed persons appear before the Social Security Medical Board, which is competent to decide on professional retraining.

Who is concerned

Any person who has been the victim of an accident at work or an occupational disease recognized by the Accident Insurance Association (AAA) can apply for a waiting pension if they benefit from:

  • an external professional redeployment (employee), or;
  • a professional retraining (independent).

Prerequisites

In order to be able to claim a waiting indemnity, the beneficiary must fulfil the following conditions:

  • prove, once their condition has stabilised, that they have at least a 10 % permanent disability due to a work-related accident or occupational disease;
Note that this condition only applies for accidents after 1 January 2017.
  • be unable to work at their most recent position or maintain their most recent work arrangement, but not be unable to work in the general job market;
  • this work incapacity must primarily be due to:
    • a work-related accident;
    • an occupational disease;
  • benefit from an external professional redeployed decided by the Mixed Commission;
This condition does not apply to the self-employed.

Preliminary steps

The work, commuting or school accident, or the occupational disease must have been declared beforehand.

Deadlines

The insured person must submit their application within 3 years of the stabilisation of their condition or professional retraining.

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.

The waiting pension is not allocated for a period of more than one year prior to the receipt of the application.

Example: The insured's condition is declared stable on 1 April 2017. The insured can apply for an pension until 1 April 2020. However, if the insured submits their pension application only on 1 October 2019, they will only be entitled to the retroactive benefit of the pension as of 1 October 2018.

How to proceed

Procedures for obtaining a pension and start of payment

The insured must apply for the waiting pension by sending it to the AAA by mail.

The insured receives the waiting pension until the end of the professional redeployment, i.e. until they start a new job.

The AAA is may pay for the professional retraining programmes followed with a view to professional redeployment.

Specificities of the waiting pension

Payment of the waiting pension is suspended by the AAA if the conditions which motivated granting it in the first place are no longer fulfilled, especially if the insured:

  • does not stay registered as a jobseeker with the ADEM; or
  • fails to attend the redeployment programmes; or
  • refuses any attempt at professional retraining.
Note that if the insured person collects unemployment benefits or a similar benefit abroad, the waiting pension is withdrawn.

Calculation and payment of the pension

Salary criterion

The amount of the waiting pension is set at 85 % of the full benefit. It is calculated on the basis of the employee's earnings subject to tax for the 12 months preceding the declared accident or occupational disease.

Note that the amount takes into account the taxable income that was applied at the time of the accident, in cases of people who were self-employed at the time of the accident or occupational illness.

The pension will be revised if this base is recalculated in any way.

Specificities of the waiting pension

The pension is paid on a monthly basis, in advance.

When an pension is awarded after the first of the month, the monthly payment is paid proportionally beginning from the first day of that month.

The pension is adjusted to the cost of living index value according to the terms applicable to civil servants' salaries and pensions.

The pension is subject to tax and social charges, but it is exempted from contributions:

  • for pecuniary benefits;
  • for accident insurance;
  • for family allowances.

The insured no longer receive a pension as of the completion of the redeployment, i.e. until they start a new job.

The insured person may apply for a partial pension if external redeployment entails a loss of earnings compared to the salary earned before the accident.

Appeals

Interested parties have several means of appeal at their disposal to assert their rights.

Who to contact

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