Legal news: A jurisprudential turnaround in the area of inexcusable fault on the part of the employer

Legal news: A jurisprudential turnaround in the area of inexcusable fault on the part of the employer

Published on : 08/02/2023 08 February Feb 02 2023

The French Court of Cassation extends the scope of compensation available to victims of accidents at work and occupational diseases, ruling that an annuity does not cover compensation for permanent functional impairment.

As a result, when inexcusable fault is found, the employee may now obtain compensation for permanent functional impairment regardless of whether he or she receives an annuity.

This ruling brings the case law of the Cour of Cassation into line with that of the Conseil d'Etat.

Cass. ass. plén., 20 janvier 2023  – Pourvoi n° 21-23.947

Myriam BENNAÏM

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