L'évaluation du dommage corporel en cas de reconnaissance de la faute inexcusable de l'employeur

Law related to occupational accidents and professional diseases allows an easier and fixed repair of the damage for the victim. An additional and limited compensation is possible in case of gross negligence of the employer. The Conseil constitutionnel has accepted in 2010 the possibility of a full compensation of the damage caused by an occupational accidents related to a gross negligence of the employer. Since then, the Court of Cassation defines new items for repairable damages and those that cannot be. In a same time, the medical assessment of the tribunal des affaires de sécurité sociale has changed ; the expert has to evaluate new items for repairable damages that were previously ignored by social security law. Now, the medical assessment looks like an expertise close to the ordinary law but not free from the features of the social security law.