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Employers / Workers

The social laws of 1983 cover workers who are insured individuals with insurance  and workplace accidents/occupational diseases through compensation in the event of an accident or occupational disease. However, any accident still involves liability:

• In civil law: in this respect, the employer is liable for working conditions (Art. 2 of Law 88/07)
• In criminal law: in cases of unforgivable and/or intentional misconduct (Art. 21 of Law 83/13 and Art. 69 of Title IV of Law 08/08 on social security litigations)

The employer has a duty of care towards its employees and must therefore take all the necessary measures to ensure and protect the health of workers.

In if the employer fails to fulfil his obligations in terms of prevention, the CNAS may take action against the employer responsible for the damage caused to the worker and request reimbursement of the sums paid or those paid as compensation following an accident at work or an occupational disease.

Law No. 08-08 of 23 February 2008 on social security disputes stipulates in Articles 70 and 71 that: Law

« The social security body must, in accordance with the provisions of common law, take action against the third party responsible, through its fault, for the damage caused to the insured individual, in order to recover the sums paid or those that it will have to pay to the latter. (Article 70 of Law No. 08-08) ».

« The social security body may, in accordance with the provisions of ordinary law, take action against the employer responsible, through his inexcusable or intentional fault or that of his employee, for the damage caused to the insured individual, in order to recover the sums paid or those that it will have to pay to the latter (Law 08-08) ».

In the event of a worker’s failure to implement preventive measures and safety instructions, the employer may exercise his disciplinary powers and impose sanctions.