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
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