Comparative analysis of medicolegal compensation for occupational cancers in France and other western European countries: development proposals.
In France, contemporary medicolegal reparation system of occupational diseases--in particular occupational cancer--has been questioned, constantly, due to changes in the state's legal system. For a long time, associated legislation was considered as a genuine social breakthrough. However, it shall remain acknowledged that over the past 15 years, it has been the French legal system itself that generated a certain level of inequality among victims of occupational diseases.. This inequality came to exist following certain jurisdictional understandings of legal matters, as well as the creation of exceptional schemes for granting compensation for physical injuries. It is agreed by both, courts and compensatory funds, that full compensation must be granted for particular group of victims. Yet, this is not the case as for granting compensation over occupational diseases, where reparation is on a set lump sum basis. In light of this proved inequality in the France legal system, with regard to the medicolegal reparation for loss or damage, associated with a claimant's occupational activity, we aim at investigating the procedures as practiced in various European countries occupational cancer in order to identify optimal compensation for these disorders.
Clin
Bénédicte
B
Occupational Health Department, Caen University Hospital, Caen, France.
Ferrant
Ophélie
O
Marquignon
Marie-France
MF
Letourneux
Marc
M
D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D005602:France; D006801:Humans; D009369:Neoplasms / Q000139:chemically induced*; D009784:Occupational Diseases / Q000139:chemically induced*; D016273:Occupational Exposure / Q000009:adverse effects / Q000331:legislation & jurisprudence*