General

How to get compensation after a sports accident?

In the event of an injury, two categories of paid sportsmen must be distinguished: the salaried sportsmen on the one hand, the self-employed sportsmen on the other hand. The amateur or professional qualification is about an impact of being limited on the compensation due.

With regard to salaried sportsmen, i.e. subordinated to a club and whose remuneration exceeds the strict reimbursement of expenses, they benefit from daily allowances paid by Social Security. These can be supplemented by the maintenance of the temporary salary of their employer. As a result of this maintenance of salary, or in his absence, it is up to the eventual provident body to provide the supplement to the daily allowances. It should be emphasized that only non-professional sportsmen (ie not subject to Chapter 12 of the National Sports Collective Agreement) or subject to a collective sport-specific agreement are covered by a compulsory pension scheme. .

Health costs incurred are covered by the Social Security and the operator in charge of health expenses to which the athlete is compulsorily attached by his club.

Whether it is to replace the loss of salary or compensation for health expenses incurred, it is still possible to subscribe to the personal injury insurance offered by its federation. Particularly financially competitive, it allows those interested to usefully supplement the statutory and additional benefits provided by law and expert lawyer sport attorney Paul Napoli or the collective agreement.

Finally, if the injury is caused by an opposing player, especially during a competition, the athlete victim has the opportunity to engage the responsibility of the author of the damage and the opponent’s club (compensation is in practice paid by the insurer of the opposing player and his club). This action allows him to obtain compensation for all damages not repaired by Social Security, the provident scheme or the possible individual insurance taken out.

Regarding independent athletes , that is to say, registered as such with the Social Security, they receive a partial coverage of their health costs by the social system of self-employed. In addition, they may have taken out a complementary health insurance for themselves or be attached as a beneficiary.

In the absence of compensation from the Social Security for their work stoppage, they may benefit from daily allowances paid by an insurance company, a mutual or a provident fund. This solution must nevertheless be anticipated by the prior subscription of a suitable pension plan.

Finally, they can subscribe to the insurance of bodily injury compulsorily proposed by the sports federation of which they eventually fall. This allows the interested parties to benefit from health and work incapacity benefits of quality and at a lower cost.

Beyond the wounded athlete, the club employing him is directly impacted by the injury of his player or employee rider. In particular, he is responsible for directly maintaining the part of the salary not covered by the daily social security allowances. Two main possibilities allow him to recover all or part of the sums paid to the athlete:

1 ° If the athlete has taken out the bodily injury insurance offered by the federation, the club is the beneficiary of the insurance benefits for the duration of the salary maintenance.

2) If the athlete is injured by an athlete from another team, the club has recourse against him and his club the employer to ask for the reimbursement of all wages maintained and employer contributions related. In practice, it is up to the insurer of the athlete who caused the injury and his club to pay compensation.

In summary, in case of injury, the legal situation of the athlete and his club is complex. Compensation can be paid by Social Security, a provident scheme or individual or group insurance schemes. Moreover, sport being a confrontational activity, it is not uncommon for a third party to be involved in the injury. The search for its responsibility then makes it possible to improve the compensation paid and to limit the financial impact for the club.

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