| Document ID (ISN) | 74759 |
| CIS number |
00-386 |
| ISSN - Serial title |
0373-1944 - Travail et sécurité |
| Year |
2000 |
| Convention or series no. |
|
| Author(s) |
Ferreira M. |
| Title |
Inexcusable error on the part of the employer |
| Original title |
La faute inexcusable de l'employeur [in French] |
| Bibliographic information |
Feb. 2000, No.593, p.20-21. |
| Abstract |
In France, social security legislation makes provision for compensating victims of occupational accidents or diseases with a fixed allowance without their having to prove the employers' responsibility. On the other hand, applying this principle precludes the victim from suing the employer for liability. However, social security law includes an exception to this principle and provides for the possibility for the victim to claim additional compensation when the incident is due to an "inexcusable error" on the part of the employer. The reasoning is that in these cases, the accident is not the consequence of occupational risks inherent to the activity, but exclusively due to an error on the part of the employer. The article defines the concept of "inexcusable error" and outlines the steps needed to obtain this additional compensation. |
| Descriptors (primary) |
responsibilities of employers; legislation; workmen's compensation; France |
| Descriptors (secondary) |
human failure; criminal liability; comment on law |
| Document type |
D - Periodical articles |
| Country / State or Province | France |
| Subject(s) |
Administration, legislation
|
| Broad subject area(s) |
General safety, health and conditions of work
|
| Browse category(ies) |
Workers' compensation
Criminal liability in OSH
|
