Abstract

The Algerian legislator, through Law No. 08-08 related to disputes in the field of social security, has established legal mechanisms to settle medical disputes, relying on administrative settlement represented in conducting non-judicial medical expertise as a necessary arbitration procedure for internal settlement of medical disputes in order to provide amicable opportunity to the Social Security Authority The insured or those with his rights to settle the dispute, as well as the state qualified disability committees in front of which objections and disputes related to disability cases are settled, whether disability resulting from a work accident or occupational disease, or acceptance of disability as well as the degree and review of the state of disability in the framework of social insurance, where the legislator made for each of them rules And special procedures to be considered, but it may happen that the two mechanisms of medical expertise and the State Disability Committee are not successful in resolving medical disputes, and here we are facing the issue of the possibility of judicial appeal, and the appropriateness of the legal texts for settling disputes from a procedural point of view, especially what is related By decisions of medical expertise that are binding on the insured and the Social Security Authority, even if they involve a defect, which results in creating legal problems and loopholes that require solving them.