The breast cancer of Martine, 61, was recognized as an occupational disease after years of battle. This case could set a precedent and allow other people with this disease to be compensated.
A first case in France. Martine, 61, has just won a long series of legal setbacks to have her breast cancer recognized as occupational diseasereveals the Parisian March 27. First in France, this recognition could mark the jurisprudence and allow other women suffering from this disease to receive compensation and win their case.
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Cancer-related work?
Martine worked at night, a condition that could increase the risk of developing this disease. INRS (National Institute for Research and Safety), considers that this type of activity may be associated with “a statistically significant increase in breast cancer” while the International Center for Research against Cancer (Circ), indicates that “shift work induces the disruption of circadian rhythms”.
Other cases have been revealed by our colleagues at Marseilles and MetzMartine’s file will be enough to support theirs, towards possible other recognitions in occupational cancer diseases.
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Occupational disease
The CPAM and the MSA examine applications for recognition of occupational disease. They ask patients about the origin of their pathologies, and will carry out surveys in some cases.
Investigations are systematic if the employee in question has died as a result of his illness. Not elsewhere, if the employer issues reservations reasoned on the occupational nature of the origin of the disease, an investigation may be opened. This is also the case whenever the CPAM and the MSA deem it necessary.
In some cases it is the CRRMP (Regional Committee for the Recognition of Occupational Diseases), which examines the files and issues a favorable or unfavorable opinion.
This is the case when the disease appears in the table of occupational diseases but was not contracted within the conditions specified by this register but that it is all the same related to work but also, and this is the case of Martine, if the disease is not recognized as being related to the professional environment.
Here, if this cancer does not appear in the table of occupational diseases, it has been “established that it is essentially and directly caused by work and that it resulted in a permanent incapacity of at least 25%.
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Supported
Once the occupational disease has been recognized as such, all of the treatments related to it are covered by a occupational disease sheet delivered by the CPAM or the MSA. It is valid until the end of the treatment with all the health professionals approached.
Thanks to this status, daily allowances may be upgraded, as well as compensation specific related to a permanent incapacity.