Victim of duty status: extraordinary risk required, not just harm

Health and Safety at Work
Victim of Duty Status: A Harmful Environment Is Not Enough, an Extraordinary Risk Is Required
Court of Cassation, Labour Division

The heirs of a firefighter who had died of lung cancer had sought recognition of “victim of duty” status and the associated benefits. The claim had been dismissed by both the Tribunal and the Court of Appeal, which found that the existence of exceptional operational conditions, beyond those normally associated with the activity performed, had not been demonstrated.
The Court of Cassation confirmed that conclusion, reaffirming a now well-established principle. To obtain recognition of victim of duty status, it is not sufficient that the illness be connected to the work activity or that the worker was exposed to harmful conditions. An additional element must instead be demonstrated, consisting of particular environmental or operational conditions that gave rise to a greater risk than that ordinarily associated with the duties performed.
According to the Supreme Court, even a breach of safety obligations or the presence of an unhealthy working environment does not automatically result in recognition of the benefit. Such circumstances may be relevant under other forms of protection, but do not substitute for proof of the existence of an extraordinary and specific risk.
The ruling therefore confirms that recognition of victim of duty status requires a rigorous assessment of the concrete manner in which the work activity was carried out and of the actual presence of a risk exceeding that normally inherent in the duties entrusted to the worker.