ReinhartMarvilleTorre

Occupational risks

The Professional Liability & Occupational Risks team provides a high level of expertise in the work accidents and work-related illnesses, gross negligence and criminal liability incurred sector. It deals with risk prevention, management of costs linked to “third-party payers” (Local Sickness Insurance Fund (CPAM) and Agricultural Social Insurance Mutual Benefit Fund (CMSA), in particular). Mobilised upon the occurrence of claims to manage crises and oversee investigations (Regional Directorate for Companies, Competition, Consumer Affairs, Work and Employment (DIRECCTE), preliminary investigations and judicial information), the team defends the interests of its clients in litigation, including before specialist courts (criminal courts, regional courts (TGI), social security tribunals (TASS), disability tribunals (TCI), and national courts for disability and rates of occupational accident insurance (CNIT)). In this respect, it defends both companies and their directors (deployment and implementation of delegations of powers), in civil and criminal liability matters.

The team also has recognised expertise in liability for defective products and services and industrial/environmental risks. It supports its clients with regard to regulatory issues, implements arrangements with vested authorities (Regional Directorates for the Environment, Land Planning and Housing (DREAL), Regional and Interdepartmental Directorates for the Environment and Energy (DRIEE), Regional Directorates for Companies, Competition, Consumer Affairs, Work and Employment (DIRECCTE), Departmental Directorates for Population Protection (DDPP), General Directorates for Competition Policy, Consumer Affairs and Fraud Control (DGCCRG)), during (administrative and judicial) investigations and follows up on civil and criminal litigation.

The team is involved in most sectors of the economy (industry, agricultural sector, building and public works, armament, services, agri-food, etc.), mandated by companies and their directors, and by insurance companies, to defend the interests of their insured parties and to deal with issues relating to the application of guarantees.

As a result of a close collaboration with a network of experts, it oversees court-ordered and amicable expert appraisals, be they technical or medical, to which such litigation proceedings may give rise.

Litigation

  • Work accidents/Work-related illnesses/Gross negligence
  • Criminal liability of directors and legal entities
  • Liability for defective products and services
  • Industrial risks and claims/Environment
  • Defective products
  • Court-ordered technical and medical expert appraisals

Advice

  • Implementing delegations of powers
  • Regulations applicable to products and services
  • Health, safety and working conditions regulations
  • Damage assessment
  • Restoration of contaminated industrial sites, cooperation with technical auditors and review of responsibilities
  • Regulation applicable to classified facilities
  • Regulation applicable to hazardous substances, waste, air pollution, noise pollution and electromagnetic fields