Asbestos: The Burden of Proof for Benefits Deductible from Compensation Lies with FIVA
Published on :
19/08/2026
19
August
Aug
08
2026
An employee died in 2019 from mesothelioma, a condition linked to asbestos exposure and recognized as an occupational disease. Following his death, his wife and other beneficiaries filed a claim with the Asbestos Victims Compensation Fund (FIVA) to seek compensation for the damages suffered by the victim as well as for their own personal damages.
In particular, the wife challenged FIVA’s refusal to compensate her for her economic damage, arguing that her husband’s death had resulted in a loss of household income.
The Rennes Court of Appeal rejected the wife’s claim for compensation for economic damage.
In justifying its decision, the court noted that the wife had not provided any documentation showing whether a death benefit had been paid to her by a pension fund, a health insurance company, or another paying entity. According to the judges, this amount, if it existed, should have been taken into account and deducted from the compensable economic loss. In the absence of supporting documentation on this point, the Court of Appeal dismissed the wife’s claim.
The Court of Cassation partially overturned the Court of Appeal’s decision pursuant to Article 1315 (now Article 1353) of the Civil Code and Article 53, IV, of Law No. 2000-1257 of December 23, 2000.
It pointed out that it is FIVA’s responsibility to submit a detailed compensation offer within six months of the compensation claim and to take into account, in that offer, any benefits or compensation that may be deducted from the compensable damages. Consequently, the judges could not require the surviving spouse to provide proof that no death benefit had been paid. By placing this burden of proof on the plaintiff, the Court of Appeal misapplied the rules governing compensation by FIVA.
The case is therefore remanded to a different panel of the Rennes Court of Appeal for a new ruling on the economic damage.
Important: The burden of proof regarding benefits to be deducted from compensation rests with FIVA. The surviving spouse is not required to demonstrate that they received no compensation or death benefit in order to obtain compensation for their economic damage.
Source : 9 juillet 2026, Cour de Cassation, pourvoi n°24-21.992
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