From 1 January 2020, 'small statutes' will be automatically insured in the event of occupational accidents

Starting 1 January 2020, persons undergoing training 'in the context of training for paid employment' will automatically be covered in the event of occupational accidents. This is not yet the case and these 'small statutes' are usually insured through a comparable cover. This article explains the impact of this legislative amendment.

From 1 January 2020, ‘small statutes’ will be automatically insured in the event of occupational accidents

Which rules currently apply to 'small statutes'?

Persons undergoing training ‘within the framework of training for paid employment’ are currently not covered for occupational accidents (with the exception of training contracts). Consider, for instance, statutes such as those for Individual Vocational Training (IBO), Vocational Training Agreements (BIO), work-linked training. Within the insurance sector, these statutes are also referred to as ‘small statutes’.

These persons are usually insured through cover similar to that for occupational accidents. “This comparable insurance, however, differs among others in terms of calculation of the premium and in terms of the base salary for the indemnity between the insurers themselves”, says Axel De Lamper, expert in workmen’s compensation insurance at Vanbreda Risk & Benefits. “Moreover, unlike the legal cover for occupational accidents, it is not controlled by the Federal Agency for Occupational Risks (Fedris), that guarantees the victims’ rights.”

What will change on 1 January?

“For the statutes where the insurance obligation lies with the company, we always ask our clients to provide us the copy of the agreement,” says Axel De Lamper.

From 1 January 2020, a legislative amendment will come into force and these persons will be automatically insured under the legal cover for occupational accidents. This legislative amendment, published on 17 January 2019 in the Belgian Official Gazette, will create a clear framework and uniform compensation scheme for handling the occupational accidents of these ‘small statutes’.¬†From 1 January, it is therefore no longer necessary to provide a copy of the agreement.

Axel De Lamper

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We will keep a close eye on this legislative amendment and will inform you about it in due course. Should you have any questions or require additional information, contact us on +32 (0)32 292 00 54 or at