A fall from scaffolding, a handling maneuver that goes wrong, a finger caught in a machine: the standstill follows, and with it the question of pay. Since November 1, 2026, the answer has changed for a portion of workers. For a work-related accident, the maximum daily indemnity paid by Social Security during the first 28 days of leave has dropped from €240.49 per day to €65.17.
The decree that established it is Decree No. 2026-909 of September 30, published in the Official Journal on October 1. It rests on one idea: lower the salary taken into account to calculate the indemnity.
What the decree changes, in figures
The reference rate drops from 0.834% to 0.226% of the annual Social Security ceiling. Translation: the maximum daily wage used falls from €400.82 to €108.62, about 1.8 times the national minimum wage (SMIC).
The indemnity represents 60% of this wage for 28 days, then 80% starting on day 29. Hence the new maximums:
- Days 1 to 28: €65.17 per day, versus €240.49 before (a decrease of €175.32).
- From day 29 onward: €86.90 per day, versus €320.66 before (a decrease of €233.76).
Between the two, the cap is divided by nearly four.
Who is really affected
Not everyone. The cap limits the salary considered, not the amount paid. An employee whose reference daily wage remains below €108.62 sees no difference. Only wages above the threshold are affected, and that is where the gap widens.
Consider an employee whose calculation base is €150 per day. Before the decree, they received €90 per day in indemnity for 28 days. Since November 1, it’s €65.17. The higher the salary, the larger the gap, up to €175.32 per day for the highest earnings. (Theoretical calculation, gross.)
The date of the accident determines the rule
The crucial detail: it is the date of the accident that decides the rule, not the date of the stop. An employee injured on October 20 keeps the old calculation, even if their leave extends into 2027. An accident occurring on November 5 already falls under the new cap. Two coworkers injured two weeks apart can therefore be compensated very differently.
The employer can bridge the gap, but not always
What Social Security no longer pays does not necessarily disappear from the payslip. When the employer must maintain the salary, their top-up increases as the indemnity decreases. Legal maintenance requires at least one year of seniority and generally excludes temporary workers, seasonal workers, and home-based employees. Some collective agreements and certain pension contracts also cover the difference.
For others, it is the employee who absorbs the reduction. Before worrying, it is worth checking your collective agreement and your pension contract.
A system that aligns with sickness benefits
For a standard sickness absence, the salary taken into account is already capped at 1.4 times the SMIC. Work-related accidents are approaching that. Another reform follows: a decree of June 12, 2026 (No. 2026-501) caps the duration of indemnity payments at four years for absences starting January 1, 2027.
Key takeaways
-
- Decree No. 2026-909 of September 30, 2026, published in the Official Journal on October 1.
- Maximum daily wage considered: €400.82 → €108.62 (about 1.8 SMIC).
- Maximum indemnity: €240.49 → €65.17 (28 first days), then €320.66 → €86.90.
- Only accidents and occupational illnesses occurring from November 1, 2026 are affected.
- Employees below the threshold are not affected, and the employer’s top-up can compensate.
👉 A small gesture for Space Group? Follow us on Google, add us to your favorites, and find us on Google News so you don’t miss any discoveries.
Sources:
-
-
- Sick leave (service-public.gouv.fr)
- Lower cap on daily indemnities for AT-MP (Lefebvre Dalloz)
- Work accidents: indemnities will be lower from November 2026 (TPE Actu)
- IJSS AT-MP: daily wage ceiling as of November 1, 2026 (Le Bouard Avocats)
-
