4. What does the litigation phase entail?
In principle, this phase is made up of two hearings, one of which deals with whether or not inexcusable fault has been found, while the other concerns the settlement of damages.
4.1 First hearing
During this hearing, the presiding professional judge and the two assessors, one representing the employer's side and the other the employee's side, will analyze the facts to determine the existence or non-existence of inexcusable fault. They will base their conviction on the above-mentioned factors.
Judgment will be reserved after the closing arguments.
On the day of deliberation, if the Tribunal des affaires de Sécurité sociale does not recognize inexcusable fault, the victim has one month in which to lodge an appeal....
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What does the litigation phase entail?
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Regulations
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articles L. 452-2 and L. 452-3
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