Health & safety: Failure to comply with the occupational physician’s recommendations can give rise to damage

On 9 September 2026, the French Court of Cassation ruled that an employee was entitled to damages if their employer did not respect the labour doctor’s recommendations regarding the adaptation of their working conditions.

 

Under French law, an employer must comply with the occupational physician’s recommendations.

In case of disagreement, the employer cannot simply ignore the recommendations but must explain their position in writing to the occupational physician and the employee. If no solution can be found, the employer has 15 days in which to challenge the occupational physician’s recommendation before the labour court.

Until now, the French Court of Cassation had considered that the employee had to prove that they had suffered harm following their employer’s refusal to implement the labour doctor’s recommendation. This new ruling states that damages are due in principle without the employee being required to prove such harm.

However, how the courts will henceforth decide the amount of compensation to award to employees in such situations is unclear.

 

Key Action Points for Human Resources and In-house Counsel

Ensure you respect the labour doctor’s recommendations or challenge them in the proper manner. Beyond a possible award of damages, failing to comply with the occupational physician’s recommendations can also entitle an employee to claim constructive dismissal or increase the company’s liability in case of a future work accident or illness.