Anxiety damage may be retained for any toxic or harmful substance to which the employee is exposed
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
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In a judgment of September 11, 2019, the Court of Cassation extended to
any noxious or toxic substance which gives rise to a high risk of developing a serious condition
the scope of the employee anxiety injury.
Exposed to harmful dusts, employees have taken the matter to the courts to obtain compensation for the loss of anxiety and the breach of the employer's safety obligation.
Considering, on the one hand, that the anxiety damage was applicable only to employees exposed to asbestos and, on the other hand, that the employer had taken all the necessary measures to ensure the safety of employees, the Court of Appeal rejected the employees' claims.
But, according to the Court of Cassation, the anxiety damage resulting from exposure to a
a harmful or toxic substance that creates a high risk of developing a serious medical condition
justify the action of employees against their employer for failure to comply with his safety obligation.
