Moniteur Belge · 28 Oct 2026 · 3 vistas
The policy now compensates for serious and severe workplace accidents
Por FactBox Admin

A royal decree of October 11, 2026, amending the PJPol concerning serious and severe occupational accidents, was published in the Belgian Official Gazette of October 28, 2026, page 57870, under reference C − 2026/006764. The text organizes the compensation of certain costs incurred by victims of occupational accidents recognized as “serious and severe” and establishes a recognition commission. It is signed by King Philippe and countersigned by the Minister of the Interior B. Quintin and the Minister of Justice A. Verlinden.
The measure implements point 11 of the sectoral agreement — qualitative component (2022) — and amends the royal decree of March 30, 2001, regarding the legal position of police service personnel. It has undergone a long process of opinions and agreements:
- opinion of the Finance Inspector of January 24, 2024;
- agreement of the Secretary of State for the Budget of May 22, 2024, and the Minister of the Civil Service of May 28, 2024;
- opinion of the Council of Mayors of June 12, 2024;
- negotiation protocol no. 593/11 of the negotiation committee for police services, concluded on October 23, 2024;
- opinion DA260016 of the Police Information Control Body of June 15, 2026;
- opinion 79.833/2/V of the Council of State of September 2, 2026.
A definition based on “significant financial consequences”
Article 1 supplements Article I.I.1 of the PJPol with a definition: a “serious and severe occupational accident” is an occupational accident “which has significant financial consequences.” The concrete qualification is referred to the commission established by the new Article X.III.6quater.
The Council of State noted that the decree does not actually define the concept and that the report to the King merely paraphrases the provision. It argued for the inclusion of explicit criteria and examples of covered situations, in order to prevent any risk of discrimination between beneficiaries and to ensure legal certainty. Furthermore, the report to the King specifies that this concept is distinct from the “serious occupational accident” mentioned in the Code on Well-being at Work.
Four categories of covered costs
The recognized victim is entitled to compensation for the following costs, provided they cannot be reimbursed within a reasonable timeframe on another legal or regulatory basis, or for the portion exceeding such reimbursement:
- medical, surgical, pharmaceutical, paramedical, and hospital costs;
- costs of medically recognized necessary prosthetic and orthopedic devices;
- maintenance and replacement costs for these devices;
- travel and overnight stay costs for the victim, their children, their parents, and the person with whom they live as a couple.
Vehicle adaptation and home modification costs resulting from the accident are treated as prosthesis costs. Reimbursement is made up to the actual cost, provided it is reasonable and the expenses are necessary. The burden falls on the competent department of the federal police or the authority for members of the local police; the State or the police zone is subrogated to the victim’s rights up to the amount paid.
A tripartite commission and an adversarial procedure
The commission for the recognition of serious and severe occupational accidents consists of three members:
- one member of the federal police, appointed by the commissioner general, who presides;
- one member of the local police, appointed by the permanent commission of the local police, as assessor;
- a doctor from the medical service, appointed by the head of that service, as assessor.
At least one of the first two members must belong to the operational framework and justify five years of field experience. A member cannot sit in the same general directorate or the same corps as the victim, and the doctor cannot have already been involved in the case. The mandate is for two years, renewable, with each member having a substitute; the commission only sits validly if both sexes are represented and if all members are present or represented, and it rules by simple majority. A secretary is appointed from among the members of the federal police.
The claim for compensation is sent by registered mail or against acknowledgment of receipt to the service referred to in Article X.III.7, along with any useful documents, and then transmitted without delay to the commission. The commission may call the victim to appear, who may be assisted or represented. If, after two successive summonses — the second by registered mail —, the victim does not appear without a valid reason, the commission rules based on the documents. In the event of a refusal of recognition, the victim has the right to be heard, after which the commission makes a new decision: the report to the King describes this mechanism as an ex gratia appeal.
Personal data, fees, and entry into force
The new Article XV.I.2 frames the processing of data: identity of the victim and any person justifying an interest, recognition decision, documents establishing the financial consequences. The data controller is the director of the personnel directorate of the federal police; the data are erased ten years after the death of the person concerned, a period extended until a decision becomes final and binding in the event of legal action.
Article 3 further completes the list of administrative procedure costs in Article X.III.36: registered mail, drafting and issuance of medical reports, printing of accident declaration forms, and fees for the physician assisting the victim. These fees are paid directly to the physician by the authority to which the relevant service reports, provided that the staff member has reported it in advance.
The decree enters into force on the day of its publication in the Moniteur belge, namely October 28, 2026, and applies only to costs incurred after this date. In practical terms, all members of the integrated police force — federal and local — may now request recognition, including, as specified in the report to the King, for an accident that occurred before the entry into force when costs were incurred after it.