Inexcusable fault on the part of the employer: towards more comprehensive compensation for damages!
In a judgement of 3 September 2026, the Court of Cassation strengthened the rights of employees who have suffered a workplace accident attributable to inexcusable fault on the part of the employer.
In this case, an employee who had suffered a work-related accident recognised as resulting from inexcusable negligence on the part of her employer sought compensation for several additional losses. The Court of Appeal had refused to order a further expert assessment, considering in particular that the date of stabilisation of her medical condition and her degree of permanent incapacity, as determined by the CPAM and uncontested at the time, could no longer be called into question.
The Court of Cassation rejected this analysis. It ruled that, in the context of an action for damages arising from the consequences of inexcusable negligence, the court is not bound by the date of stabilisation or the degree of incapacity adopted by the social security fund for the calculation of social security benefits. It is for the court itself, if necessary with the assistance of an expert opinion, to determine these factors in order to assess the damages that are not already compensated under the scheme for industrial accidents and occupational diseases.
This decision confirms a trend favouring more comprehensive compensation for victims. It reiterates that the assessments carried out by social security do not preclude an independent examination of the compensable losses for which the employer is liable when their inexcusable fault is recognised.
Source: Cour de Cassation, 3 septembre 2026, n°23-22.988
History
-
Inexcusable fault on the part of the employer: towards more comprehensive compensation for damages!
Published on : 16/09/2026 16 September Sep 09 2026Actualités
In a judgement of 3 September 2026, the Court of Cassation strengthened the r...
-
Asbestos: The Burden of Proof for Benefits Deductible from Compensation Lies with FIVA
Published on : 19/08/2026 19 August Aug 08 2026Actualités
An employee died in 2019 from mesothelioma, a condition linked to asbestos ex... -
Construction Insurance: Exceeding the maximum covered amount may result in no coverage!
Published on : 06/08/2026 06 August Aug 08 2026Actualités
In a ruling dated July 2, 2026, the Third Civil Chamber of the Court of Cassa... -
Fatal accident at work: medical confidentiality does not deprive the employer of their right of recourse!
Published on : 29/07/2026 29 July Jul 07 2026Actualités
In a judgement of 2 July 2026, the Second Civil Chamber of the Court of Cassa... -
The exclusion of a risk from the cover, by the insurer, is valid provided that the clause is explicit and limited, and this ‘contractual exclusion’ of the risk does not constitute wilful misconduct or fraud
Published on : 23/07/2026 23 July Jul 07 2026Actualités
The insurer’s exclusion of a risk from cover is valid provided that the claus... -
Latest news on key information regarding the limitation period for claims for anxiety-related damage
Published on : 20/07/2026 20 July Jul 07 2026Actualités
On 29 May 2026, the Court of Cassation, sitting in a joint chamber, provided...