Accident at work In the context of a contract, an employer does not commit an inexcusable fault if he could not be fully aware of the risk to which his employee was exposed. This was considered by the Court of Cassation in a judgment of the Second Civil Chamber on December 9, 2021.
An employee who is the victim of an accident at work applies to the Social Security Court for recognition of the inexcusable fault of her employer and compensation for all her damage.
After being rejected by the Court of Appeal of Nancy, the employee then decided to appeal to the Court of Cassation.
The Court of Cassation dismisses that appeal, first of all recalling the principle that the employer is guilty of inexcusable misconduct when he was aware or should have been aware of the danger to which the employee was exposed, and when he did not take the necessary measures to protect him from it. In reaching its decision, it finds that the metal door involved in the accident never malfunctioned and that the administrative investigation into the circumstances of the accident did not reveal any defect in the metal door or any anomaly in connection with the accident.
The Court of Cassation concludes that, despite its gravity, the accident of the employee is not due to the inexcusable fault of her employer and does not give rise to any additional compensation.
