1. What is "inexcusable fault"?

The employer's inexcusable fault constitutes a complementary form of compensation, supplementing the lump-sum compensation provided for in Book 4 of Code de la Sécurité sociale . The definition of fault is based purely on case law, the legislator having merely defined the terms and conditions of compensation. It straddles the boundary between social security law, labor law and criminal law.

The series of Court of Cassation rulings of December 12, 2002 ( pourvoi nº 00-21365 ), April 11, 2002 (