In case of an accident at work, the victim's social security body (health insurance) will pay him basic compensation: (if applicable) daily social security allowances (IJSS), payment of medical costs and payment of an annuity or a work accident capital (AT annuity).
However, if the victim employee can validly invoke an inexcusable fault on the part of the employer at the origin of the work accident (in particular the non-respect by the employer of an obligation of security of result), he can then, in addition to this basic compensation, benefit from compensation for several other damages, namely the increase in capital or the work accident pension, compensation for extra-patrimonial damages (aesthetic damage, loss of pleasure, suffering endured ), compensation for damage to the affection of relatives in the event of death and compensation for damage resulting from the loss or reduction of their possibilities for professional advancement.
Article L452-2 of the Social Security Code provides:
“In the case mentioned in the previous article, the victim or his dependents receive an increase in the compensation due to them by virtue of this book.
When a capital indemnity has been awarded to the victim, the amount of the increase may not exceed the amount of said indemnity.
When a pension has been awarded to the victim, the amount of the increase is set so that the increased pension allocated to the victim cannot exceed either the fraction of the annual salary corresponding to the reduction in capacity, or the amount of this salary in the case of total incapacity (...) ”.
And article L452-3 of the social security code provides:
“Regardless of the increase in pension that he receives by virtue of the previous article, the victim has the right to ask the employer before the social security court for compensation for the damage caused by the physical and moral suffering suffered by him. , of his aesthetic and pleasure damage as well as that of the damage resulting from the loss or reduction of his possibilities of professional promotion. If the victim has a permanent disability rate of 100%, he is also awarded a lump sum compensation equal to the amount of the legal minimum wage in force on the date of consolidation.
Likewise, in the event of an accident followed by death, the beneficiaries of the victim mentioned in Articles L. 434-7 et seq. As well as the ascendants and descendants who are not entitled to an annuity by virtue of said articles, may request to the employer compensation for non-pecuniary damage before the aforementioned court.
The compensation for these damages is paid directly to the beneficiaries by the fund which recovers the amount from the employer”.
Note that the recognition of an inexcusable fault on the part of the employer is only possible in the event of an accident at work and not in the event of a commuting accident.
In fact, in a judgment of July 8, 2010, the Court of Cassation ruled that "the victim of a commuting accident cannot invoke against his employer the existence of an inexcusable fault" (or C .cass. 10 December 2009 n ° appeal 07-19626).
The action for recognition of inexcusable fault now falls under the exclusive jurisdiction of the Social Pole of the judicial tribunal. This action is prescribed in principle within 2 years from the day of the accident or the cessation of payment of daily allowances (article L431-2 of the social security code).
However, in the event of a traffic accident also constituting an accident at work (apart from inexcusable fault on the part of the employer, which is extremely rare), the BADINTER law will apply, with, in this case, exclusive jurisdiction. of the court.
A medical expertise will determine the damage attributable to the work accident.
In case of an accident at work, the victim's social security body (health insurance) will pay him basic compensation: (if applicable) daily social security allowances (IJSS), payment of medical costs and payment of an annuity or a work accident capital (AT annuity).
However, if the victim employee can validly invoke an inexcusable fault on the part of the employer at the origin of the work accident (in particular the non-respect by the employer of an obligation of security of result), he can then, in addition to this basic compensation, benefit from compensation for several other damages, namely the increase in capital or the work accident pension, compensation for extra-patrimonial damages (aesthetic damage, loss of pleasure, suffering endured ), compensation for damage to the affection of relatives in the event of death and compensation for damage resulting from the loss or reduction of their possibilities for professional advancement.
Article L452-2 of the Social Security Code provides:
“In the case mentioned in the previous article, the victim or his dependents receive an increase in the compensation due to them by virtue of this book.
When a capital indemnity has been awarded to the victim, the amount of the increase may not exceed the amount of said indemnity.
When a pension has been awarded to the victim, the amount of the increase is set so that the increased pension allocated to the victim cannot exceed either the fraction of the annual salary corresponding to the reduction in capacity, or the amount of this salary in the case of total incapacity (...) ”.
And article L452-3 of the social security code provides:
“Regardless of the increase in pension that he receives by virtue of the previous article, the victim has the right to ask the employer before the social security court for compensation for the damage caused by the physical and moral suffering suffered by him. , of his aesthetic and pleasure damage as well as that of the damage resulting from the loss or reduction of his possibilities of professional promotion. If the victim has a permanent disability rate of 100%, he is also awarded a lump sum compensation equal to the amount of the legal minimum wage in force on the date of consolidation.
Likewise, in the event of an accident followed by death, the beneficiaries of the victim mentioned in Articles L. 434-7 et seq. As well as the ascendants and descendants who are not entitled to an annuity by virtue of said articles, may request to the employer compensation for non-pecuniary damage before the aforementioned court.
The compensation for these damages is paid directly to the beneficiaries by the fund which recovers the amount from the employer”.
Note that the recognition of an inexcusable fault on the part of the employer is only possible in the event of an accident at work and not in the event of a commuting accident.
In fact, in a judgment of July 8, 2010, the Court of Cassation ruled that "the victim of a commuting accident cannot invoke against his employer the existence of an inexcusable fault" (or C .cass. 10 December 2009 n ° appeal 07-19626).
The action for recognition of inexcusable fault now falls under the exclusive jurisdiction of the Social Pole of the judicial tribunal. This action is prescribed in principle within 2 years from the day of the accident or the cessation of payment of daily allowances (article L431-2 of the social security code).
However, in the event of a traffic accident also constituting an accident at work (apart from inexcusable fault on the part of the employer, which is extremely rare), the BADINTER law will apply, with, in this case, exclusive jurisdiction. of the court.
A medical expertise will determine the damage attributable to the work accident.
or at 09 72 86 21 85
cabinet@avocat-abram.com
176, Boulevard Haussmann — 75008 Paris
| Tél.: | 09 72 86 21 85 |
Access
Subway:
• Miromesnil (ligne 13, 9)
Bus station:
• Haussmann - Courcelles (ligne 52, 43, 22)
Public parking:
• Saemes Parking Haussmann Berri
176, Boulevard Haussmann — 75008 Paris
| Tél.: | 09 72 86 21 85 |
cabinet@avocat-abram.com
Access
Subway:
• Miromesnil (ligne 13, 9)
Bus station:
• Haussmann - Courcelles (ligne 52, 43, 22)
Public parking:
• Saemes Parking Haussmann Berri
