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Document ID (ISN)74759
CIS number 00-386
ISSN - Serial title 0373-1944 - Travail et sÚcuritÚ
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 ProvinceFrance
Subject(s) Administration, legislation
Broad subject area(s) General safety, health and conditions of work
Browse category(ies) Workers' compensation
Criminal liability in OSH