Question of Justice -restorative-: One more step towards the complete compensation of the damage caused in an accident at work. (SCSC of 7th March, 2018)

Abstract

The question on the present Judgement of the Social Chamber of the Supreme Court issued in unification of doctrine, is confined to determining whether or not to add to the recognised compensation for damages and losses caused by an accident at work, and in its case in what proportion, the voluntary improvement derived from the applicable collective agreement.

With this pronouncement, the Social Chamber of the Supreme Court comes to provide a greater dose of conceptual clarification in an area that is in particular need of it, such as the restorative justice for damages caused in an accident at work, in the event of business non-compliance with safety measures, while it ascribes to the objective of reinforcing the preventive or dissuasive dimension of this restorative justice.