Hundreds of minors exposed to toxic products during the exercise of their profession wish to have the prejudice caused by anxiety recognized.
The “Black Faces” do not intend to stop there. After having been exposed for decades of work to carcinogenic substances, they want to obtain compensation and are appealing the decision rendered last June by the industrial tribunal of Forbach (Moselle).
In this decision, the judges had recognized the prejudice of anxiety suffered by the miners and considered that the coal mines of Lorraine had indeed committed a fault by exposing these hundreds of workers to dangerous products. They had ordered Charbonnages de France (CdF) to pay 1,000 euros per miner.
“Physical and mental health”
It “weighs on any employer a contractual obligation of safety, of result, which requires him to take the necessary measures to ensure the safety and protect the physical and mental health of the workers”, had underlined the Prud’hommes, considering that CdF had failed to his duty.
Established in 2010 by the Court of Cassation, the prejudice of anxiety is characterized by suffering linked to the fear of falling ill because of past exposure to a dangerous substance.
If it is established for asbestos workers, it has only been recognized twice for other employees: iron miners from Lorraine, and the 786 miners heard by the industrial tribunal in March.
30,000 euros per minor
“Even if we are satisfied that the fault has been recognized, the Forbach industrial tribunal only recognizes two substances, out of all the carcinogenic substances”, notes François Dosso, CFDT delegate and complainant, quoted by AFP .
Moreover, while asbestos workers are compensated on average up to 10,000 euros, the 1,000 euros in damages awarded by the Prud’hommes of Forbach seem little. The 736 miners have thus announced their desire to appeal – they had until Monday to do so. They claim 30,000 euros in damages. “The denial of the State and the authorities of the dangerousness of the profession of miner also largely contributed to the decision”, specified François Dosso.
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