The Renewal of the Requirement of Injury

Marion Ayadi and Marion Peringuey in an op-ed published in *Option Droit & Affaires, “The Revival of ‘Necessary’ Damages.”
A significant reversal by the Court of Cassation regarding the recognition of “necessary” or “automatic” damages: in a decision handed down on September 9, 2026, the Court held that “the mere finding that the employer failed to comply with the occupational physician’s recommendations regarding individual measures to adjust, adapt, or modify the workstation—which inevitably results in harm to the safety and health of the affected employee—gives rise to a right to compensation.”
The employee is therefore no longer required to prove the harm caused by the employer’s failure to comply with the occupational physician’s recommendations in order to be entitled to compensation.
To read the article: The Revival of “Necessary” Harm | Option Droit & Affaires
Translated with DeepL.com (free version)