La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
With regard to compensation for personal injury, the law firm DAMY ensures that each loss is compensated.
To this end, it is important to know the extent of the compensable damages and their scope of application.
Indeed, it is not uncommon for victims to be wrongly denied compensation for occupational injury by insurance companies on the grounds that it would already be compensated for future occupational earnings losses.
It is essential to understand the current state of case law on this subject, which makes a real distinction between these two types of harm in favour of victims.
The Court of Cassation recalls this distinction in two recent judgments of 23 and 28 May 2019.
With regard to the first judgment, the Second Civil Chamber of the Court of Cassation recalls that the professional impact is intended to compensate something other than the simple loss of income due to the impossibility of pursuing a professional activity. In the present case, if the victim is compensated for his loss of income, no account is taken of the professional promotions to which he could have been entitled because of his seniority. It is precisely the loss of opportunity for future professional development that the professional impact is filling.
With regard to the second judgment, the Criminal Division admits that, in addition to the financial damage linked to the loss of income, the inability to work constitutes a significant moral damage qualified as "social inactivity". Indeed, the occupational incidence is used here in addition to the loss of future occupational earnings in order to compensate for the social exclusion suffered by the victim as a result of the loss of his job.
It is her feeling of devaluation in the social sphere and more precisely her "situation of social anomaly" because of her inability to take up any job that will be taken into account by the judges, it being admitted that the victim's employment constituted for her a personal fulfilment enabling her to maintain a social life, to share her experiences and was, in any event, a personal and professional achievement.
Thus, it is important to distinguish the loss of future professional earnings responding to the only financial impact from the loss of a job and the broader professional impact responding to a moral impact for the victim who flourished in his professional activity and was forced to abandon him. Finally, according to well-accepted case law, occupational incidence may be the subject of specific compensation when the victim has suffered a devaluation on the labour market, a loss of any professional opportunity, an increase in the difficulty of the job he or she held or when the victim is forced to abandon his or her profession in favour of another because of his or her disability.
Vehicle plates will be registered and the cost of the toll will be due as before except that the payment terms will be multiple:
- you can purchase a subscription badge to be affixed to the windshield in advance, the amount due will then be automatically debited from your bank account,
- you will be able to pay the amount due online on a dedicated website,
- you can pay in cash at a partner merchant (gas stations, post offices.....), - you can pay at the terminals provided for this purpose near the motorway gates. They will certainly be installed in nearby areas.
Whatever your choice, you will have 10 days to pay the amount due (except in the case of instant withdrawal).
If you fail to pay it will cost you 20 euros in penalty in addition to the amount to be paid initially.
These new installations will necessarily have a cost for the user, but the main advantage will undoubtedly be the fluidity of the motorway network.
The increasing number of trials are aimed at demonstrating the dangerousness of glyphosate contained in large quantities in these products in particular.
In the United States, the judges did not hesitate to strongly condemn the company Mossanto, owned by the giant Bayer since June 2018. Last March, a man received no less than $81 million. The Californian judges ruled in favour of this plaintiff who demonstrated that he had developed blood cancer because of the repeated use of the weedkiller in his garden for more than 20 years.
Bayer appealed this decision, but this is not the first time that the American judges have recognized this responsibility on the part of this manufacturer.
A US court has just ordered Mossanto, in 2019, to pay 2 billion euros in damages. The company obviously appealed against this very severe sentence.
In France, in 2018, two parents assigned the same company to have its responsibility recognized for the malformations suffered by their son, now 11 years old. Since his birth he had to be operated on because of various malformations including the oesophagus. Since his birth he will have had more than fifty surgeries and his life is very complicated. Her mother used the famous weed killer at the very beginning of her pregnancy (when she didn't know it), which would have caused the malformations on the fetus.
Emmanuel Macron has undertaken to make glyphosate disappear in France by 2021, a challenge that specialists believe is difficult to meet, particularly in the field of agriculture, which uses this product on a massive scale. Let us hope that healthier alternatives will be found soon.
To be continued.......
In practice: On the one hand, the Troyes Labour Court ruled on 13 December last year (Cons. Prud'h. Troyes 13-12-2018 No. 18/00036) that this scale was not in conformity with the European Social Charter and the ILO Convention to prevent its application. On the one hand, he argues that this scale does not deter employers who wish to get rid of a cumbersome employee.
On the other hand, it globalizes the situation of dismissed employees without any real and serious reason and does not make it possible to compensate fairly for the damage suffered individually.
The Troyes Labour Court therefore awarded compensation of 9 months' salary, whereas the application of the scale would have allowed her to obtain 3 months' salary given her low seniority. Amiens and Lyon followed the reasoning of the Troyes Labour Court in its decisions of 19 and 21 December 2018.
However, in September 2018, the Le Mans Labour Court ruled that this scale could be applied unless "in the event of a particularly serious breach by the employer" (Cons. prud'h. Le Mans 26-9-2018 n° 17/00538). A real legal uncertainty has arisen for employers, while the purpose of these orders was to facilitate the fluidity of the labour market.
To be continued.......
