Work accident compensation in Tunisia: your rights and the CNAM

Read in: العربية / Français

Topic: Employment law

Work accident compensation in Tunisia: reporting to the CNAM, commuting accidents, incapacity rates, annuities and occupational diseases. What to do first.

Short answer: if you are injured at work or on your way between home and work, the accident must be reported to the National Health Insurance Fund (CNAM). Your employer should report it first; if they do not, you or your family can report it directly. The CNAM pays for treatment and a daily allowance while you are off work, and if a permanent disability remains, you may receive a lump sum or a life annuity depending on the disability rate, which you can challenge. What counts as a work accident? Work accidents and occupational diseases are governed by Law No. 94-28 of 21 February 1994. A work accident is one that happens because of or in the course of your work, whatever its cause. Your employer does not have to be at fault: the link with work is enough. The same system covers occupational diseases , meaning illnesses caused by exposure to certain working conditions. This law covers private-sector employees, as well as trainees, apprentices and domestic workers. Staff of the State, local authorities and public bodies are excluded and fall under a separate scheme; self-employed workers are covered only if they choose to join. Are commuting accidents covered? An accident on the way between home and work can be recognised as a work accident, provided the trip was not interrupted or diverted for a personal reason or one unrelated to your work. Keep anything that proves the time and place: the police or national guard report, witness statements, ambulance or hospital records. If someone else caused the accident, such as a driver, you can combine your CNAM rights with a claim against that person and their insurer for losses the CNAM does not cover. How to report a work injury to the CNAM Get treatment and ask for an initial medical certificate that describes your injuries precisely. Tell your employer as soon as possible, ideally in writing, giving the date, time, place and names of witnesses. Check the report: your employer must report the accident to the CNAM. Ask for a copy. If your employer does not report it , report it yourself, or through a family member, at a CNAM office, with the medical certificate and proof that you work there. Keep copies of everything: certificates, the report, receipts and every decision from the fund. Deadlines under Law No. 94-28: tell your employer the same day, or within 48 working hours at the latest, unless prevented by force majeure. Your employer then has three working days to declare the accident to the CNAM, even if you kept working. For an occupational disease, the deadline is five days from the first medical finding. If your employer does nothing, you or your representative can make the declaration within two years of the accident. What does the CNAM pay for? Treatment: consultations, surgery, medicines, hospital stays, prostheses and devices, rehabilitation; free in facilities that have an agreement with the CNAM, otherwise refunded up to the official tariff. A daily allowance while you are temporarily unable to work, until you recover or your condition stabilises, equal to two-thirds of your usual daily wage. Your employer pays the day of the accident, and the next three days are not paid unless you are hospitalised or the accident is serious. Compensation for permanent disability if after-effects remain once your condition has stabilised. If the worker dies: an annuity for dependants and a contribution to funeral costs. Disability rate: lump sum or annuity? Once your condition has stabilised, a CNAM medical commission sets your permanent disability rate , based on the nature and severity of the injury, your general condition, age, physical and mental abilities, and professional skills and qualifications. That rate decides the form of compensation (Law No. 94-28, art. 42): a rate of 5% or less gives no cash compensation, though care and devices are still covered; above 5% and below 15%, you receive a lump sum equal to three times the annual annuity; at 15% or more, you receive a life annuity . Challenging the disability rate If the rate does not reflect your condition, you can challenge the fund's decision before the district judge (juge cantonal), who can order a medical expert assessment; legal aid is granted automatically in these cases. Claims are time-barred after two years, counted from the accident for daily allowances and from consolidation or death for disability or survivors' annuities, so act as soon as you receive the decision. Keep every medical report you have; an opinion from a specialist doctor can help your lawyer argue against the fund's assessment. Occupational diseases: the official list The list of occupational diseases is set by a joint order of the health and social affairs ministers and was last updated in September 2025. If your illness is on it and you were exposed to the matching risk at work, it is presumed to be work-related. If it is not on the list, recognition is uncertain, so get advice. Report the illness with a medical certificate that mentions its connection to your work. Frequently asked questions What if my employer never registered me with social security? You do not automatically lose your right to compensation, but the process becomes more complicated and the employer bears the consequences of the failure. You can ask the CNAM directly to register you, and you can declare the accident yourself within two years. Contact the labour inspectorate and a lawyer quickly. Am I paid while I am off work? You receive a daily allowance from the fund equal to two-thirds of your usual daily wage; a special staff statute or a collective agreement may provide more. Can I sue my employer on top of the CNAM compensation? The work accident system pays compensation on a fixed basis. If the employer committed a serious fault, the benefits can be increased; if the fault was intentional or criminal, or a third party is responsible, you can also claim extra compensation under ordinary law. This is technical, so discuss it with a lawyer. What happens to my family if the accident is fatal? The spouse and children can receive an annuity and, if there are none, the parents and other descendants who depended on the worker; a funeral allowance is also paid. The amounts depend on the rules in force, so ask the CNAM or a lawyer as soon as possible. When should you see a lawyer? For a minor accident with no lasting effects, reporting it and following up the file is often enough. See a lawyer if: your employer refuses to report the accident, or you were not registered with social security; the CNAM refuses to recognise the work accident or the occupational disease; you think your disability rate is too low; someone else caused the accident, or it was fatal; you face pressure or dismissal after the accident. The site's directory lists lawyers registered with the ONAT, the Tunisian bar, by city. Look for one who handles employment and social security cases. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026