Unexcusable Or Intentional Mistake Of The Employer
LexInter | July 27, 2017 | 0 Comments

Unexcusable Or Intentional Mistake Of The Employer

SOCIAL SECURITY CODE (Legislative Part)
Chapter 2: Inexcusable or willful misconduct of the employer
Article L452-1
When the accident is due to the inexcusable fault of the employer or of those he replaced in the management, the victim or his beneficiaries are entitled to additional compensation under the conditions defined in the following articles.
Article L452-2
(Law n ° 87-39 of January 27, 1987 art. 33 I Official Journal of January 28, 1987)
(Law n ° 89-474 of July 10, 1989 art. 3 Official Journal of July 12, 1989)
In the case mentioned in the previous article, the victim or his dependents receive an increase in the compensation due to them by virtue of this book.
When a capital indemnity has been awarded to the victim, the amount of the increase may not exceed the amount of said indemnity.
When a pension has been awarded to the victim, the amount of the increase is set so that the increased pension allocated to the victim cannot exceed either the fraction of the annual salary corresponding to the reduction in capacity, or the amount of this salary in the case of total incapacity.
In the event of an accident followed by death, the amount of the increase is set without the total of pensions and increases paid to all beneficiaries being able to exceed the amount of the annual salary; when a beneficiary’s pension ceases to be due, the amount of the increase corresponding to the last pension (s) paid is adjusted so as to maintain the total amount of the increased pensions as initially set; in the event that the surviving spouse recovers his right to the pension in application of the third paragraph of article L. 434-9, the increase from which he benefited is reinstated for his benefit.
The annual salary and the increase referred to in the third and fourth paragraph of this article are subject to the revaluation provided for for pensions by article L. 434-17.
The increase is paid by the fund, which recovers the amount by imposing an additional contribution, the rate and duration of which are set by the regional health insurance fund on the proposal of the primary fund, in agreement with the employer, unless appealed to the competent social security court.
The additional contribution thus provided for cannot be received beyond a certain period and its rate may not exceed either a fraction of the employer’s normal contribution, nor a fraction of the salaries serving as the basis for this contribution.
In the event of the business being sold or terminated, the capital corresponding to the arrears due is immediately payable.
Note: Law 87-39 of January 28, 1987 art. 33 V: the provisions of this article of the law are applicable in the departments of Haut-Rhin, Bas-Rhin and Moselle.
Article L452-3
Regardless of the increase in pension that he receives by virtue of the previous article, the victim has the right to ask the employer before the social security court for compensation for the damage caused by the physical and moral suffering suffered by him, of his aesthetic and pleasure damage as well as that of the damage resulting from the loss or reduction of his professional promotion possibilities. If the victim has a permanent disability rate of 100%, 100, he is also allocated a lump sum compensation equal to the amount of the legal minimum wage in force on the date of consolidation.
Likewise, in the event of an accident followed by death, the beneficiaries of the victim mentioned in Articles L. 434-7 et seq. As well as the ascendants and descendants who are not entitled to an annuity by virtue of said articles, may request to the employer compensation for moral prejudice before the aforementioned court.
The compensation for this damage is paid directly to the beneficiaries by the fund, which recovers the amount from the employer.
Article L452-4
(Law n ° 87-39 of January 27, 1987 art. 33 II, III Official Journal of January 28, 1987)
In the absence of an amicable agreement between the fund and the victim or his dependents on the one hand, and the employer on the other hand, on the existence of the inexcusable fault alleged against the latter, as well as on the amount of the increase and compensation mentioned in Article L. 452-3, it is up to the competent social security court, seized by the victim or his beneficiaries or by the primary health insurance fund, to decide. The victim or his dependents must call the fund for a declaration of common judgment or vice versa.
The author of the inexcusable fault is responsible on his personal assets for the consequences thereof.
The employer can insure himself against the financial consequences of his own inexcusable fault or the fault of those he has replaced in the management of the company or establishment.
Appropriate preventive actions are organized under conditions set by decree, after consultation with organizations representing employers and employees.
When the accident is due to the inexcusable fault of an employer covered by insurance as such, the regional health insurance fund may impose on the employer the additional contribution mentioned in article L. 242-7.
The payment of the additional contributions provided for in Article L. 452-2 and, in the event of the sale or termination of the company, the payment of the capital mentioned in the same article are guaranteed by privilege under the conditions and at the level set by the Articles L. 243-4 and L. 243-5.
Note: Law 87-39 of January 28, 1987 art. 33 V: the provisions of this article of the law are applicable in the departments of Haut-Rhin, Bas-Rhin and Moselle.
Article L452-5
(Law n ° 87-39 of January 27, 1987 art. 33 IV Official Journal of January 28, 1987)
If the accident is due to the intentional fault of the employer or one of his employees, the victim or his dependents retains against the author of the accident the right to request compensation for the damage caused, in accordance with rules of common law, insofar as this damage is not repaired by application of this book.
The primary health insurance funds are required to provide the victim or his dependents with the benefits and indemnities mentioned in this book. They are fully entitled to bring an action against the author of the accident for reimbursement of the sums paid by them.
If additional reparations charged to the perpetrator responsible for the accident, pursuant to this article, are granted in the form of annuities, these must be provided by the debtor within two months of the final decision or of the agreement of the parties to the national provident fund according to the tariff resulting from this code.
In the cases provided for in this article, the regional health insurance fund may impose on the employer the additional contribution mentioned in article L. 242-7.
Note: Law 87-39 of January 28, 1987 art. 33 V: provisions applicable in the departments of Haut-Rhin, Bas-Rhin and Moselle.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image