Employee health and safety
Our specialist lawyers can advise and assist employers in all matters concerning the health and safety of their employees, as well as in their relations with the various social security bodies (CPAM, MSA, URSSAF, etc.).
The issues are numerous, and the obligations of employers in this field are constantly increasing, with sometimes haphazard case law and legal provisions that are far removed from the realities of the working world…
Inaptitude, medical examination, occupational physician, harassment, internal investigation
Our customers often have questions about the unsuitability or otherwise of employees, reclassification measures, workstation adjustments, relations with occupational physicians, dismissal procedures for professional or non-professional unsuitability, and so on. Our aim is to provide them with the best possible support, enabling them to make the most appropriate and least risky decisions for themselves and their employees.
In a society that promotes well-being, employee health has become a major issue for companies, which have a duty to protect them in the best possible way: DUERP, regular interviews, training, appropriate equipment in the workplace, control of working hours, etc. Employers have to think about all possible risks, not forgetting, of course, the question of psycho-social risks.
Lawyers are often asked about the subjective nature of the “feeling” of employees, which is not always consistent with the “feeling” of the manager, for example.
Our legal and human skills enable us to support our clients in these delicate matters, helping them to find the right solutions to their problems.
We also carry out internal investigations into harassment, discrimination, sexism and gender equality, either as part of an audit or in response to a specific case (e.g. an employee complaint).
Employers’ inexcusable fault
Claims for recognition of inexcusable fault on the part of employees are becoming increasingly common, given that the statute of limitations in this area is very long and employers cannot compromise. What’s more, the financial stakes can be very high, especially for companies that are not covered by insurance.
Litigation is a two-stage process: recognition of inexcusable fault and, where applicable, compensation for damages.
We support our clients throughout the entire procedure:
– to demonstrate that they have fully complied with their obligations and that they cannot be held liable
– To reduce the financial stakes
Occupational health and safety litigation
The firm handles a very large volume of occupational injury and disease litigation before the various social divisions of the Courts of Justice and the Courts of Appeal (social division) throughout France.
Formal or substantive, the financial stakes are high for organizations with 20 or more employees, insofar as their occupational injury/illness rates are affected by work-related accidents and/or illnesses recognized by the CPAM.
Since investigations are not always properly conducted by the CPAMs, IPP rates are not always justified, work stoppages are sometimes abnormally long, etc., we support our clients in their disputes at the CRA/CMRA stage, and subsequently before the relevant courts. In most cases, a preliminary audit is required to quantify the impact of a rate reduction on the company’s contributions.
URSSAF contributions and inspections
Our firm assists its clients in their relations with the URSSAF, notably in payroll matters, to minimize the risk of reassessments, but also during inspections, so that they can provide the URSSAF with relevant information in response. We also support our clients in URSSAF litigation on the various heads of reassessment.