France: Widening of anxiety harm
"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.
Cass. , September 11, 2019, No. 17-24,879; No. 17-26,879; No. 17-18,311 ↩