Serious workplace accident
Defence following a serious or fatal workplace accident: analysis of the accident, management of the investigations (inspectorate, prosecutor), defence of the employer and the director.
→ Employment · Sub-expertise
Employment-related criminal law exposes directors and companies to major risks: workplace accidents, breaches of health and safety rules, concealed work, harassment. We defend employers and directors in criminal investigations and judicial proceedings, and provide preventive advice on compliance policies.
→ What we cover
Defence following a serious or fatal workplace accident: analysis of the accident, management of the investigations (inspectorate, prosecutor), defence of the employer and the director.
Defence against an action seeking recognition of inexcusable fault: analysis of the prevention measures, demonstration of the steps taken, articulation with the criminal proceedings.
Defence in the event of prosecution for the deliberate endangerment of others (Article 223-1 of the Criminal Code), notably on construction sites and industrial premises.
Defence against accusations of concealed work (concealment of salaried employment, concealment of activity), articulation with URSSAF audits and the sanctions.
Defence in the event of prosecution for offences against working-time rules (maximum durations, rest periods, unpaid overtime).
Implementation of compliance policies to prevent criminal risks: risk mapping, internal procedures, training, audits.
→ Our approach
01
Immediate mobilisation upon the incident or summons: securing of the evidence, support during interviews, management of relations with the authorities.
02
Case analysis, construction of the defence strategy, identification of the factual and legal arguments, preparation of the procedural elements.
03
Representation during the investigation (police custody, interviews, indictments), submissions before the criminal court, pleading.
04
Appeal and cassation proceedings, possible execution of the sentence, post-proceedings support (reputation, communication).
→ Who we help
Defence of a director and the company following a fatal accident on a construction site: analysis of the prevention measures, demonstration of the steps taken, defence before the criminal court.
Criminal defence following a report of concealed work drawn up by the labour inspectorate or URSSAF: challenge to the facts, possible negotiation of a guilty-plea procedure (CRPC).
Defence against an action seeking recognition of inexcusable fault brought by an employee victim of an accident, demonstration of the prevention measures, settlement negotiation.
Complete audit of the company's HSE and compliance policy to anticipate criminal risks, update of the procedures, and training of managers.
→ Q&A
Yes, their personal criminal liability may be engaged for offences committed within their company (safety, working time, harassment, concealed work). A valid delegation of authority can transfer this liability, subject to strict conditions.
A failure by the employer in its obligation to ensure safety as an obligation of result, where it was or should have been aware of the danger and did not take measures to protect the employee. Its recognition entails an increase in the accident indemnities and compensation for personal injury.
React immediately: secure the premises, take emergency measures, declare the accident within the deadlines (24 hours for social security), preserve all the evidence, inform the CSE, and engage a lawyer. The first few hours often determine the subsequent defence.
A rigorous HSE policy, an up-to-date single risk-assessment document, systematic training, traceability of prevention actions, secure delegations of authority, regular audits. Documented compliance is the best defence in the event of a subsequent investigation.
→ Go further
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