For those who have lost a loved one in a workplace accident, recognizing employer liability is critical. But the proceedings, whether criminal or civil, sometimes become an obstacle course or even drag on for years, adding to families’ pain. Fabienne Bérard from the collective Familles: Stop Death at Work gives the example of Fanny Maquin, who lost her rope-assisted husband Vincent twelve years ago. And who still hasn’t gone to court to get compensation?. “As is often the case, there were numerous postponements of hearings, She explains. The opposing attorney points out that she has since built a family unit and that the damage cannot be determined in the same way…”

Every fatal accident at work is investigated by the labor inspectorate (which must take place within twelve hours) and by the gendarmerie or the police. Since 2019, the two institutions have been able to conduct a joint investigation, but this is still rare. And often the inspection investigation takes several months because there is a lack of staff to make immediate findings, interview witnesses or even request documents from the company.

These investigations can be used to determine whether the employer is guilty of a criminal offense. If health and safety regulations have not been complied with, the labor inspectorate notifies the public prosecutor, who is the only one who can initiate proceedings.. “Therefore the soil has three options, explains lawyer Ralph Blindauer, who often accompanies families. Either the case is dismissed or a judicial investigation is opened by an examining magistrate because the case is considered complex, or, most commonly, one or more people are summoned to the criminal court. »

A negligible amount

In criminal proceedings, the employer as a legal entity is often convicted of negligent homicide – which is unsatisfactory and not a deterrent for the victims. The fine actually amounts to a maximum of 375,000 euros, a tiny amount for a large group. The employer is rarely convicted as a natural person because it is difficult to identify who is responsible for safety – the punishment is then a prison sentence.

In the case of a civil case, the recognition of “inexcusable fault” on the part of the employer allows the beneficiaries (spouse, children or ancestors) to increase their pension as well as compensation for their moral damage. Fault occurs if the company exposed its employee to a danger that he knew or should have known about and did not take the necessary measures to protect him from it.

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