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Skin cancer at work The recent judgment of the Court of Appeal held Eurovia, a Vinci subsidiary and public works company, responsible for the unfortunate death of a worker from skin cancer. The court not only recognized the presence of an occupational disease related to bitumen, but also found Eurovia guilty of having demonstrated “inexcusable fault”. It established a clear causal link between the worker’s skin cancer and his professional activities, in particular through exposure to bitumen and UV rays. The court concluded that Eurovia had failed in its obligation to ensure safety and to obtain a satisfactory result for its employees .
Following this judgement, Eurovia was ordered to pay approximately 200,000 euros in damages to the victim’s family. This decision raises an important question: should bitumen be included on the list of occupational diseases recognized by social security when the causality is clearly established? The Commercial Court of Social Security, in its first judgment, recognized this link, marking an important step. It is likely that an appeal in cassation will be filed to deepen this case.
Liability of Eurovia: verdict of the Court of Appeal on occupational skin cancers:-
The implications of this case are significant for both workers in the public works sector and employers. It emphasizes the importance of addressing occupational hazards and implementing appropriate safety measures to protect employees from potential health risks. The court’s verdict is a reminder that employers have a legal obligation to prioritize the safety and well-being of their staff.
Implications and future considerations: Recognition of bitumen and occupational diseases: –
The outcome of this case could potentially influence the recognition of bitumen-related diseases as occupational diseases by social security bodies. Establishing a clear link between bitumen exposure and skin cancer strengthens the case for its inclusion on the official list of occupational diseases, providing affected workers with legal protections and access to appropriate compensation.
The final decision of the Court of Cassation will be eagerly awaited, as it will further shape the legal landscape surrounding occupational diseases and determine the extent of the employer’s responsibility to ensure the safety of workers .
