In a ruling handed down on 11 September the French Court of Cassation has opened the door to the official recognition of anxiety-related damage, currently recognized for workers who were previously exposed to asbestos and who although have not yet developed any pathological symptoms related to asbestos exposure, live with the worry of potentially developing such symptoms.
The concept of anxiety-related harm stems from the asbestos era when a law in 1998 recognized the right to early retirement for employees who had worked in establishments listed as having been particularly exposed to asbestos, and without the early retirees having developed any illness related to asbestos exposure. In 2010 and on the basis of this law the Social Chamber of the Court of Cassation allowed for damages for specific anxiety related harm, ‘related to a permanent state of anxiety gene
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