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Does an employer’s failure to comply with the recommendations issued by the occupational physician justify the automatic award of damages, even in the absence of any harm suffered by the employee in question?

Published on : 06/11/2026 06 November Nov 11 2026
Newsletter / Recent Case Law
Newsletter

In a ruling dated September 9, 2026, the French Supreme Court (“Cour de Cassation”) reversed its previous case law and now holds that an employer’s failure to comply with the recommendations issued by the occupational physician necessarily causes harm to the employee, for which compensation is due.  (Cass. soc. September 9, 2026, No. 25-11.901)

In this case, an employee sought payment of damages, arguing that her employer had allowed her to perform certain tasks despite the occupational physician’s contrary recommendations. In dismissing her claim for damages, the Court of Appeals had found that the employee had not proven that the company’s failure to comply with the occupational physician’s recommendations was likely to have had an impact on her health, and that there was no causal link between any harm and the breach committed.  

This was not the approach taken by the Cour de Cassation. It ruled that “the mere finding that the employer failed to comply with the occupational physician’s recommendations regarding individual measures to adjust, adapt, or modify the workstation, which inevitably results in harm to the safety and health of the employee concerned, gives rise to a right to compensation.” The employee therefore does not have to prove harm to be awarded damages. 

Key Takeaways / Practical Implications: Do not ignore the occupational physician’s recommendations. In the event of a disagreement or if it is practically impossible to implement them, the employer must inform the occupational physician in writing of the reasons preventing compliance.
 
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