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Défaire sa responsabilité financière en matière de risques professionnels. Les stratégies documentaires des avocat·es d’employeurs

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  • Delphine Serre

Abstract

Since the 2000s, large companies have been multiplying lawsuits to challenge the occupational diseases or work-related accidents that have been recognized for their employees, with the objective of lowering their contribution rates. Based on a survey conducted in different courts between 2015 and 2020, the article analyzes the data objectification and argumentation practices implemented by employers’ lawyers to invisibilize the health and work link of certain claims and to disempower the company financially. It shows how the lawyers use the rate documents to identify and select the grievances brought to court, according to a financial criterion, then how they produce medical data to build their legal case and win. Finally, the article examines the way in which these lawyers transform this financial cause into a moral crusade.

Suggested Citation

  • Delphine Serre, 2022. "Défaire sa responsabilité financière en matière de risques professionnels. Les stratégies documentaires des avocat·es d’employeurs," Travail et Emploi, La DARES, vol. 0(2), pages 21-44.
    • Handle: RePEc:cai:teeldc:te_169_0021
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    More about this item

    Keywords

    accidents at work; lawyers; judicialization; occupational health; managerialization of law; social courts; J28; K32;
    All these keywords.

    JEL classification:

    • J28 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Safety; Job Satisfaction; Related Public Policy
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law

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