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Abstract In Morocco, like in all countries with similar legislation, employees are considered under the responsibility of the employer as soon as they are at work or even during their commute to work. Therefore, the compensation for damages that may affect employees falls under the employer's responsibility. This applies to sudden accidents classified as work accidents (WA) but also to damages that may develop over time, falling under the category of occupational diseases (OD). To protect against the risks related to their liability towards employees, employers can and should take out insurance coverage. While insurance for WA has been mandatory since 2002, insurance for OD in Morocco is currently optional. When it is purchased, it is often an extension of the WA policy. Premiums are calculated based on the company's payroll, and the reporting of an OD claim is based on a regulatory list of such diseases to avoid any confusion with common illnesses. Compensation, when due, is paid to the victim, similar to WA. Due to its optional nature, the coverage rate for OD insurance in Morocco remains generally low, varying by sector, with higher rates in exposed sectors. This results in extremely challenging adverse selection that insurance companies find difficult to manage. Indeed, mutualization is nearly impossible, leading to very high premium rates for the most exposed clients, thus contributing to the low subscription rate. Furthermore, the complexity of establishing the cause-and-effect relationship and the behavior of some jurisdictions sometimes make it impossible for insurers to accept the most exposed risks. Finally, public authorities must also ensure that judgments in favor of victims are fair and proven.
Jalal Benchekroun (Mon,) studied this question.