Inexcusable fault on the part of the employer: even more?

Inexcusable fault on the part of the employer: even more?

Inexcusable fault, a complementary compensation tool

A recent decision by the Court of Cassation suggests that unpredictable, and in practice uncontrollable, behaviors do not have to be taken into account in order to avoid the recognition of an inexcusable fault. The employer may well have to insure zero risk.

An action in recognition of an inexcusable fault on the part of the employer allows the employee in the situation of an accident at work or an occupational disease to engage the responsibility of the company to obtain compensation before the judicial judge, in addition to being covered by the social security organizations.

The concept of inexcusable fault is defined by case law. It corresponds to a particularly serious breach of the safety obligation, which exists when three conditions are met: the occurrence of an accident at work or occupational disease, the proven or necessarily supposed awareness of the employer of a danger to which the employee is exposed in his activity, and the absence of necessary preventive measures.

To read the article published by Option Finance on 15/04/2024, Click here.