OD FLASH | Occupational Health and Safety: Any claim for compensation seeking redress for damages resulting from a work-related accident recognized by the CPAM or an occupational disease based on the employer’s failure to fulfill its safety obligations falls under the exclusive jurisdiction of the social security courts

Pourvoi n°24-16.665 | Cour de cassation

An employee, hired as a pharmacy technician in 2009 by a retail pharmacy, was the victim of an accident on January 29, 2019, which was recognized as a work-related accident by the CPAM. Believing that this accident stemmed from the employer’s failure to implement sufficient preventive measures following an initial incident with a customer a few weeks earlier, he filed a claim with the labor court after being terminated for gross misconduct in December 2019. In particular, he sought damages for the employer’s breach of its duty of care.

The Colmar Court of Appeals ruled in favor of the employee. It noted that after an initial incident in December 2018 involving a customer who had refused the generic medications offered to him and behaved in a hostile manner, the employer had merely instructed that only the manager serve that customer. According to the trial judges, this measure was clearly insufficient to ensure the protection of employees. They held that the lack of appropriate measures had allowed a new incident to occur on January 29, 2019, which was subsequently recognized as a work-related accident, and that the employer had breached its duty of care by failing to adopt adequate measures in a timely manner to protect the employee, who had notably been subjected to a racist remark.

The Court of Cassation partially overturned the lower court’s decision. It noted that, pursuant to Article L. 451-1 of the Social Security Code, damages resulting from a work-related accident or occupational disease fall under a special compensation scheme that excludes, except as provided by law, any common law liability action against the employer. It clarifies that while the labor court has jurisdiction to hear claims for damages related to the termination of an employment contract, compensation for damages resulting directly from a work-related accident or occupational disease falls within the exclusive jurisdiction of the social security court, even when such damages are presented as the consequence of the employer’s failure to fulfill its duty of care.

The Court of Cassation found that the damages claimed by the employee were directly related to the workplace accident recognized by the CPAM. Consequently, under the guise of a claim based on the duty of care, the employee was seeking compensation for damages arising from his workplace accident. Such a claim could not be brought before the labor court.

The Court of Cassation thus declared the claim for damages filed with the labor court inadmissible and ruled on the matter without remanding the case.

This ruling is of particular interest in that it clarifies the distinction between labor court litigation and social security litigation. It affirms that any claim seeking compensation for the consequences of a work-related accident or occupational disease—even when based on the employer’s breach of its duty of care—falls within the exclusive jurisdiction of the social security courts. An employee cannot circumvent the specific workers’ compensation system by filing a claim based on the employer’s contractual liability before a labor court.