Employers have a duty of safety and a duty of prevention towards their employees. The employer must ensure that the mental health and physical integrity of employees are protected and that working conditions are acceptable and risk-free. When an accident occurs, the employer is directly involved and may be held liable before either the Conseil de Prud'hommes or the Tribunal des affaires de sécurité sociale. The employee can claim compensation if the employer fails to comply with its obligation to ensure safety and its obligation to prevent accidents.
Me ZAKINE operates in the Grasse Bar areain Antibes, Grasse, Cannes, Cagnes sur Mer, Nice, Saint Paul de Vence and all over France.
Frequently asked questions
What are the employer's obligations regarding safety?
The employer has a duty of safety of result: he must preserve the mental and physical health of employees, and establish safe working conditions. In case of accident, his liability may be engaged.
What are the deadlines to act after a work accident?
The employee has 2 years from the accident to bring the case before the social security court. For a civil liability action, the deadline is 5 years.
Can I claim compensation if my employer does not comply with its safety obligation?
Yes, you can claim damages for moral or physical harm. You must prove the employer's breach and the link to your injury.
What to do if my employer does not implement prevention measures?
You can alert the employee representatives or the labor inspectorate. In case of serious danger, you can exercise your right to withdraw. Maître Zakine can advise you.
How much does a legal action against the employer for breach of safety cost?
Lawyer fees vary: a fixed fee of €1,500 to €3,000 for labor court proceedings, or an hourly rate. Some legal aid is available subject to income conditions.
