Section 1: Compensation.

The claim for compensation presented in respect of the losses defined in Article L. 3122-1 shall include, in addition to the justification for the losses, the supporting documents mentioned in the first paragraph of Article L. 3122-2 . This request is sent to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales mentioned in article L. 1142-22, by registered letter with acknowledgement of receipt. The…

Any natural or legal person in possession of information likely to enlighten the Office about the claims submitted to it is required, at the Office’s request, to pass on this information in application of the fourth paragraph of article L. 3122-2. Medical information covered by medical confidentiality may only be provided by a doctor. The Office communicates this information to the applicant. Medical information is forwarded to the Office by…

In order to assess the extent of the damage and determine whether it can be attributed to the accident, the Director of the Office will, if necessary, commission an expert opinion. The doctor responsible for carrying out the assessment is chosen, on the basis of his or her competence in the field(s) concerned, from the national list of medical accident experts referred to in article L. 1142-10 or one of…

The Office National shall bear the cost of expert assessments, subject to reimbursement due in respect of the subrogation actions referred to in Article L. 3122-4.

The Office will decide on the claim by registered letter with acknowledgement of receipt. Reasons are given for decisions rejecting the claim in whole or in part. If the application is accepted, the Director of the Office will present the applicant with the offer of compensation determined in accordance with the conditions laid down in Article L. 3122-5.

The period defined in the first paragraph of Article L. 3122-5 is set at six months. This period also applies in the event of aggravation of a loss already covered under the first paragraph of Article L. 3122-1.

The claimant must inform the Office by registered letter with acknowledgement of receipt whether or not he accepts the offer of compensation made to him. If the claimant accepts the offer, the Office has one month to pay the corresponding sum.