The legal assembly of the Court of Cassation extends the scope of compensation for victims of accidents at work and occupational diseases and considers that the pension does not cover the compensation of the permanent functional deficit.

Therefore, when the inexcusable fault is retained, the employee can henceforth obtain compensation for the permanent functional deficit independently of the receipt of the pension.

This decision brings the case law of the Court of Cassation closer to that of the Council of State (Conseil d’Etat).

Cass. ass. plén., 20 janvier 2023  – Pourvoi n° 21-23.947

Myriam BENNAÏM