Reform modifies compensation amounts

The reform enacted on November 1, 2026, changes the amount of compensation for work accidents and occupational diseases but does not alter the criteria for determining if an employer has committed an inexcusable fault.

DUERP remains central in legal cases

The unique document for the assessment of professional risks (DUERP) continues to be the main piece of evidence examined by judges in cases involving work-related injuries or diseases.

Pension structure is reorganized

The reform reinstates a dual structure for pensions, combining a professional part that compensates for lost earnings and career impact with a functional part that compensates for permanent physical impairments based on a point system.

Implementation date set by legislation

The reform's implementation was postponed to November 1, 2026, by the 2026 Social Security Financing Act. Two decrees and two orders were published in the Official Gazette on May 10, 2026, to establish this date.

Pension applicability based on condition consolidation

The criterion for determining when a pension applies is the date of consolidation of the victim’s condition, rather than the date of the accident itself.

New compensation rules for post-2026 cases

For victims of inexcusable faults consolidated after November 1, 2026, the increase outlined in Article L452-2 of the Social Security Code applies to both parts of the pension, potentially doubling the value of the functional part. However, victims can no longer request additional compensation for the same sequelae, as the pension now covers them.

Compensable damages remain unchanged

What remains compensable includes sufferings endured before the condition consolidated, such as aesthetic and comfort-related issues, sexual and establishment difficulties, loss of promotion opportunity, and other damages not covered by Social Security.

Old rules apply to pre-2026 cases

For victims consolidated before November 1, 2026, the 2023 judicial rulings continue to apply to cases not yet decided. Decisions that became final before this change cannot be reopened to claim the functional deficit.

Inexcusable fault remains legally defined

The reform does not alter the definition of an inexcusable fault, which is tied to the legal obligation of safety under the Labor Code. This involves whether the employer was or should have been aware of the danger and failed to take necessary measures to protect employees' health.

Burden of proof remains on the victim

The burden of proof for demonstrating an inexcusable fault remains on the victim. The Court of Cassation has ruled that the sufficiency of measures taken should be evaluated in light of the employer's awareness of the danger, not just on whether the risk materialized.

Presumed fault in certain situations

In cases where the risk was reported by an employee or a representative of the personnel, the inexcusable fault is presumed by law. The same presumption applies to employees on fixed-term contracts and temporary workers in high-risk positions without enhanced safety training.

DUERP is key to employer defense

The DUERP, a mandatory risk assessment document, plays a critical role in legal proceedings. Its absence or insufficiency can significantly impact the employer’s defense, though it does not automatically prove an inexcusable fault.

Incomplete DUERP shows negligence

An insufficiently complete DUERP indicates that the risk assessment was inadequate, potentially leading to findings of serious negligence. If a DUERP identifies a risk but no preventive measures are taken, the document can become key evidence against the employer.

Employers advised to update DUERP

Employers are advised to ensure their DUERP is up-to-date, comprehensive, and reflects actual conditions and preventive measures in place. They should also consider updating the document after accidents or near-misses and consult occupational risk prevention experts for complex situations.

Civil liability insurance remains important

Employers should also evaluate their civil liability insurance coverage to prepare for potential financial consequences if an inexcusable fault is found.

Reform maintains employer liability criteria

The reform reorganizes compensation but maintains that employer liability is determined by whether the employer knew of the danger and what actions were taken to prevent it.

DUERP remains central in legal decisions

The DUERP continues to be the legal cornerstone for determining employer liability in cases of work-related injuries or diseases.