Industrial accidents interest (IAI)

The industrial accidents interest is an allowance that is paid by the Pensions Service to the staff members of the federal, community or regional administrations who have been recognised as victims of an occupational accident or occupational disease.

The interest may originate from an occupational accident, an accident on the way to or from work, or an occupational disease.

Who is entitled to the industrial accidents interest?

• The staff members (established, on a work placement, temporary or auxiliary staff or staff members who have an employment contract) of the federal, community or regional administrations who have been recognised as victims of an occupational accident or occupational disease.
• If the victim passes away: his or her entitled persons:
  • surviving spouse or legal cohabitant who meets certain conditions:
  • children;
  • relatives (parents, grandparents, brothers and sisters living under the same roof).
    
    

How to apply for an industrial accidents interest?

You (or your entitled persons) have to declare the accident with your employer through the form accident at work - declaration Model A:

• in DutchOpens in a new window;
• in FrenchOpens in a new window;
• in GermanOpens in a new window.
  
  

What will happen after my declaration?

Your employer may or may not recognise your occupational accident.

• If your employer recognises the occupational accident:
  • He passes the information on to Medex, which proceeds to your medical assessment to determine the percentage of partial permanent inability to work.
  • The conclusion of this medical assessment is subsequently passed on to your employer.
  • If a partial permanent inability to work is assessed, your employer will propose an interest.
  • If you accept this proposal, a Ministerial Order will be published.
  • The employer subsequently sends the file to the Federal Pensions Service, which, after the necessary checks, ensures that the interest can be paid. From the moment the Federal Pensions Service receives the file, it may take up to 4 months before the interest can be paid.
• If your employer does not recognise the occupational accident, you may contact Fedris. Fedris mediates and investigates when the employer and victim disagree about the causes and circumstances of the accident.
  
  

How much will I receive?

As the victim:

If you are partially permanently unfit for work (PPUW) after your occupational accident or occupational disease, you are entitled to an allowance in the form of a lifelong interest. The interest is determined on the basis of your yearly wage on the date of the accident or on the date of the assessment of the occupational disease.

Since 1 January 2005, the wage limit amounts to 24 332,08 euros a year.

To calculate the interest, the annual wages on the date of the accident have to be multiplied by the PPUW percentage. Example: if your wages amount to 24 000 euros and your PPUW amounts to 10 %, the interest amounts to 2 400 euros a year (24 000 x 10 %).

Annual industrial accidents interests (PPUW below 16 %)

If the partial permanent inability to work falls below 16 %, the allowance is paid in the form of an annual interest.

• If the PPUW falls below 5 %, the interest is reduced by 50 %.
• If the PPUW falls between 5 and 10 %, the interest is reduced by 25 %.
• If the PPUW amounts to 10% or more, there is no reduction.

Example 1: wages = 24 000 euros, PPUW = 7 % => interest = 24 000 x 7 % x 75 % = 1 260 euros

Example 2: wages = 24 000 euros, PPUW = 4 % => interest = 24 000 x 4 % x 50 % = 480 euros

Important: these reductions do not apply to occupational diseases.

Monthly industrial accidents interest (PPUW 16 % or more)

If the PPUW amounts to 16 % or more, the allocation is paid in the form of an indexed monthly interest. The victim or one of his entitled persons may request that a third of the interest is paid in the form of a capital after the review period has expired.

Interest limited to 25 % of the PPUW (art. 6 of the law of 3 July 1967)

The percentage of the PPUW the victim can receive remains limited as long as the victim continues to perform his duties.

Interest and retirement pension (art. 7 of the law of 3 July 1967)

When the victim retires, the limitation of the total amount of the interest(s) to 25 % no longer applies and the accumulation of his interest and retirement pension thus has to be limited to the amount of the last wages.

As the entitled person:

• Spouse or legal cohabitant
  The interest for the spouse or legally cohabiting partner amounts to 30 % of the annual wages of the deceased. This is a lifelong interest.
• Orphan of father or mother
  The orphan of father or mother receives 15 % of the annual wages of his deceased parent. Every orphan receives 15 % of the annual wages; the total interest cannot amount to more than 45 % for all orphans. If there are more than three orphans, the maximum limit of 45 % of the annual wages must be divided among the orphans.
  This interest is paid to the orphan until the age of 25 at most and as long as he or she is still entitled to child benefits. In any case, the interest is paid to the orphan until he or she reaches the age of 18.
• Orphan of father and mother
  The orphan of father and mother receives 20 % of the annual wages, the total amount being limited to 60 %. If there are three orphans, they each receive 20 %. If there are more than three orphans, the maximum limit of 60% of the annual wages must be divided among the orphans.
  This interest is paid to the orphan until the age of 25 at most and as long as he or she is still entitled to child benefits. In any case, the interest is paid to the orphan until he or she reaches the age of 18.
  
  

What happens if my situation changes (aggravation or improvement)?

For an occupational accident, a review period of three years applies. This review period either takes effect on the date of the Ministerial Order, or on the date of the judgement. During this period, the victim’s partial permanent inability to work can be raised (aggravation review) or lowered (improvement review).

When the review period has passed, the victim can apply for an aggravation allowance on the condition that the new PPUW percentage amounts to at least 10 %.

The victim should send his application for a review or aggravation allowance by registered letter to his employer.

No review period exists for occupational diseases.

The aggravation review procedure

An aggravation review application file is complete when it contains the following documents:

• the new medical assessment conclusions drawn by MEDEX, which determine the new degree of incapacity and the date on which this new degree of incapacity takes effect;
• the new interest proposal;
• the new Ministerial Order;
• the appeal filed by the victim;
• a new application form and the previous medical assessment conclusions drawn by MEDEX (in the case of a recognised incapacity that was initially assessed at 0 %).
  
  

The aggravation allowance procedure

When the review period for the aggravation has passed, the victim can apply for an aggravation allowance with his employer. The employer will then investigate whether or not there is cause to award the allocation. If there is, a new Ministerial Order will be published. An aggravation allowance application file is complete when it contains the following documents:

• the victim’s application;
• the new medical assessment conclusions drawn by MEDEX;
• the employer’s calculation;
• the new Ministerial Order.