France: Widening of anxiety harm
Valid from: Nov. 18, 2019
Valid to: Dec. 18, 2019
Author: ftr
"Elargissement du préjudice d'anxiété"
According French regulations, previously recognized only to employees exposed to asbestos, anxiety harm can now be recognized for all employees exposed to a harmful or toxic substance.
The French Court of Cassation1 allows compensation for the injury of anxiety:
- For employees exposed to asbestos;
- More generally, for any employee who justifies an exposure to a harmful or toxic substance generating a high risk of developing a serious pathology.
To obtain this compensation, the exposed employee must prove:
- have been exposed to a toxic or harmful substance with a high risk of developing a serious pathology;
- Have suffered an injury due to anxiety:
- An employer's failure to fulfill his safety obligation.
The employer, to be exempt, must prove that he has taken all the necessary preventive measures.
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Cass. , September 11, 2019, No. 17-24,879; No. 17-26,879; No. 17-18,311 ↩