DLP Insights

The employer also pays if the accident depends on the employee’s imprudence (Court of Cassation, Labour Division, Judgment No. 21220 of 5 October 2009)

Catégories: DLP Insights, Case Law

18 Jan 2010
The laws and regulations on prevention of accidents in the workplace are aimed at protecting the worker not only from accidents deriving from his/her carelessness, but also from those which may be ascribed to imprudence, unskilfulness and negligence. The Court of Cassation has specified that the employer is always liable for the accident incurred by the worker, both due to his/her failure to adopt suitable protective measures, and upon failure to verify and supervise that said measures are effectively used by the employee, whereby no exempting effect whatsoever may be granted to the entrepreneur as a result of the possible contributory negligence of the worker. The foregoing provided that the employee’s behaviour is not abnormal, questionable and excessive.

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