I would imagine the French Health and Safety Regulations are very similar ( Croner-i is the web page to go to) Regulations are very strict if you are a paid employee. Not sure whether Dan or any of the others are employed or self employed. But any accidents ( I fear for Dan's boys) using the equipment at LaLande are the fault of the employer especially if the employer owns the equipment. Its all down to due diligence and safe environment. I question too whether any of them have a contract, which throws up even more legal issues for 'her indoors'.
Examples of When Self-employed Workers Could Claim Compensation After an Accident at Work
The employer has a duty of care towards you which is the same duty as they have towards all employees which is to ensure that a work environment is safe with the minimum risk of injury happening. An employer must set in place all “reasonable” measures to reduce the chance of you suffering an injury while carrying out your work. This includes the following:
- Ensuring that the correct personal protective equipment is available
- To ensure that adequate training is provided to all employees and other staff to ensure they are capable of carrying out the jobs they are tasked to do
- That everyone is given the right training to use equipment, machinery and tools that are used in a work environment
- That everyone is provided with the company’s working practices and procedures
Reasons why you could be entitled to claim compensation after an accident at work if self-employed include the following:
- Not having been provided with the correct equipment/tools to carry out a job
- Not having been given sufficient training to carry out a job safely
- Not having been given the correct personal protective equipment to carry out a job safely
- Having to work with faulty/defective machinery/equipment/tools
An employer must ensure that all equipment, tools and machinery that is used in a work environment is in good working order and correctly maintained to reduce the risk of an accident occurring.
The equipment must also suit the job that you are tasked to do by an employer and if it is not and you suffer an injury in an accident at work if self-employed but you regularly carry out work for them or you were contracted to work on a specific project, the employer could be held negligent in their duty to make sure your are safe whilst in their employment.
The reason being the employer would be in breach of health and safety regulations and the law that stipulates they must ensure you are kept safe from harm and that a work environment is safe for you to work in.
From Croner-i website ( French Health and Safety Rules)
this relates to Selmar especially as he was employed by Stephanie at the time.
Occupational Accidents and Diseases
In 2013, the Court of Cassation stated that an occupational accident is defined as an event or series of events which results in bodily injury, regardless of the date of the event or events. This means that there may be a time lag between the event and the injury. Therefore bullying, depression, post-traumatic stress disorder and work-related suicide may be counted as occupational accidents.