Dealing with this dimension in a few lines forced us to make choices. This is the reason why the question of the possible criminal proceedings of the victims or their beneficiaries will not be addressed here in order to focus only on the recognition of suicide at work in respect of accidents at work. by judicial and administrative institutions. This background text written with Françoise Maréchal-Thieullent is a bit long as the material is complex. It was designed to help build a synthetic guide, a documentary source “in case a need arises”.
The flowering of suicidal acts underway since March 2020, the doubling of depressions over a short period due to the health crisis, the absence of positive prospects in the short and medium term are all emollient factors that can interact with processes. emerging but often poorly mastered, especially teleworking. Practices from another age can continue and as prevention specialists we regularly witness them in the world of work: moral harassment, sexual assault, sexual harassment, discrimination, management by fear etc. In addition, business failures, layoffs, layoffs, contract interruptions also constitute, as negative energies, hardships or even deteriorating factors of the great balance of human beings at work. Because we know that work remains a very important factor of health at work even if in certain circumstances work ceases to protect the individual to contribute to precipitate him in the crisis. Knowledge favors prevention. But victims and their families also need to know their rights better.
Indeed, confronted with the suicide act, the families of the victim are most often stunned. Several weeks, sometimes months or even years are necessary for the beneficiaries of the victim to consider taking action to recognize that the victim’s suicidal act was indeed work-related.
It is important to understand that the recognition of the employee’s suicide as a work accident does not necessarily imply the recognition of the employer’s responsibility due to a failure to meet his obligations regarding working conditions and prevention in terms of health. and occupational safety for which he is accountable. If this responsibility is established, the beneficiaries can then consider an action in recognition of an inexcusable fault on the part of the employer.
In all cases, the recognition of professional responsibility for suicide opens rights in terms of benefits paid by the social security fund for industrial accidents and occupational disease (ATMP branch financed only by employers).
In addition, this recognition of professional accountability makes it possible most often to obtain additional compensation in the event of recognition of an inexcusable fault on the part of the employer, which in this case allows full compensation for the damages of the victim’s beneficiaries. .
–
