An accident at work can have serious consequences for the employee, both physically and financially. When it results from an employer's breach of its security obligations, it can be described as inexcusable misconduct. But how can we prove this responsibility? What steps are being taken to obtain redress? Let us describe together the essential steps to defend your rights.
What is an accident at work and an inexcusable fault of the employer?
Before initiating an inexcusable process of recognition of fault, it is essential to understand these concepts.
Definition of an accident at work
One accident at work is a sudden event occurring in the professional setting and causing physical or psychological injury to the employee. It may result from falling, false movement, contact with a machine, or exposure to toxic substances.
The employer's inexcusable fault
The inexcusable misconduct is recognised when the employer had or should have been aware of the danger to the employee and has not taken the necessary measures to avoid it. This concept is based on the obligation of security which is incumbent on every employer towards its employees.
How can we prove the employer's inexcusable fault?
Prove inexcusable misconduct It can be complex, as the employer's negligence and direct connection to the accident must be demonstrated. Here are the main steps to follow.
Collecting material evidence
To establish the responsibility of the employerIt is essential to gather all the factual elements:
- The testimonies colleagues or persons who attended the accident.
- The photos or videos scene of the accident, showing an unreported hazard.
- The internal documents (safety reports, prevention instructions not followed, etc.).
- The Emergency services findings Labour Inspectorate.
Use an expert
An expert in Occupational health and safety may prepare a report detailing the employer's shortcomings. It will analyse working conditions and may attest to a possible lack of prevention.
Get a medical report
The medical report of the employee victim is an essential part. It must establish a direct causal link between the accident and working conditions. In case of sequelae, medical expertise may strengthen the file.
Steps to ensure recognition of inexcusable misconduct
Once the evidence is gathered, several steps must be taken to obtain recognition of inexcusable misconduct.
Declaration and recognition of accidents at work
All accident at work must be declared to social security by the employer. The employee must also consult a doctor to obtain an initial medical certificate describing the injuries.
Enter the Primary Sickness Insurance Fund (CPAM)
So that the inexcusable misconduct it is necessary to seize the CPAM. The Commission will conduct an investigation to verify the circumstances of the accident.
Initiate legal action
In the event of a dispute between the employer or the CPAM, the case may be brought before the Social Security Court (TASS). A lawyer specializing in labour law lawyer can be a valuable help in defending the case.
Possible compensation and repairs
The recognition of inexcusable misconduct allows the employee victim to obtain more compensation.
Increase in pension
If the inexcusable fault is recognised, the employee's permanent incapacity pension is automatically increased. The rate of increase shall be determined according to the degree of injury.
Damages
The employee may also obtain additional compensation covering:
- The physical and moral suffering.
- The aesthetic damage.
- The loss of income in the event of incapacity for work.
- The Medical expenses not covered.
Appeals in the event of a dispute
If the employer challenges the inexcusable fault, the employee may appeal to a labour lawyer to initiate legal proceedings.
Recognition of inexcusable misconduct of the employer is an essential step for the employee victim of accident at work. Collecting evidence, initiating administrative proceedings and, if necessary, initiating legal proceedings are the key steps to obtain redress. In this often complex approach, legal support is strongly recommended.
