Master Anne-Sophie Delavaud

Disability and occupational health law

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disability and occupational health

Lawyer – Disability law in Marseille 13007

Disability affects more than 80 million people in Europe. 80% of these disabilities are invisible.

Lawyer in disability law in Marseille, Maître Anne-Sophie Delavaud supports children, adults and the elderly who are victims of a disability following bodily injury or an accident.

As a lawyer, I can offer my assistance to out-of-school children or adults, in the context of an appeal against a decision of the MDPH (Departmental House for the Disabled).


My law firm at the Marseille Bar is located at 99, chemin Roucas Blanc, in Marseille 13007, but you can reach me Monday to Friday, from 8:30 a.m. to 12:30 p.m. and from 1:30 p.m. to 8:00 p.m.; and Saturday from 8:30 a.m. to 12:30 p.m.

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Schedule

Mon – Fri: 8:30 a.m. to 12:30 p.m. and 1:30 p.m. to 8 p.m.

Sat: 8:30 a.m. to 12:30 p.m.

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99 Roucas Blanc Road

13007 Marseille

What is disability law?

In France, the Disability Act of February 11, 2005 defines disability as "any limitation of activity or restriction of participation in life in society suffered in his environment by a person due to a substantial, lasting or definitive alteration of one or more physical, sensory, mental, cognitive or psychic functions, a multiple disability or an incapacitating health problem”. This attributes a more social dimension to the medical dimension of the disability, which today translates into difficulties of understanding, expression or mobility.


Law 75-534 of June 30, 1975 makes the integration of disabled people a national obligation, guaranteeing people with disabilities the right to solidarity and the enjoyment of the fundamental rights to which all citizens are entitled. In the field of work, the employer is required to take the necessary measures to enable workers with disabilities to maintain, exercise and progress in a job that corresponds to their qualification. The provisions of disability law now concern different categories of people, in particular people recognized as disabled workers by the CDAPH, agents holding the Disabled Adult Allowance or disability card, but also certain holders of a pension. relating to an occupational disease or accident at work. Holders of an invalidity pension, as well as certain holders of reserved employment as stipulated by articles L394 to L396 of invalidity maintenance pensions and war victims (victims and invalids of war, widows and orphans of war, volunteer firefighters who are victims of an accident, etc. are also affected by these provisions.

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The chronology of disability law in France

In ancient times, people with disabilities, especially children, were excluded from society. People with disabilities were then considered victims of a divine curse, impure, ignored or locked up. It was not until the Age of Enlightenment (18th century) that science and respect for humanity were advocated. Much later, the Community Responsibility Act 1898 and the Ferry Laws enabled the disabled to regain their place in society. In the following years, other laws will consolidate this place, particularly the law of assistance to the elderly, infirm and incurable in 1905.

Nevertheless, the most important legal provision on disability in France remains the orientation law in favor of people with disabilities, which dates from 1975. This law emphasizes the importance of prevention and detection of disabilities, accessibility public institutions, the educational obligation for people with disabilities, as well as their maintenance in an ordinary working and living environment. Still other laws will promote the rights of people with disabilities, to cite only the law 87-517 of July 10, 1987, or the law of February 11, 2005, which aim to improve the care of people with disabilities. disabled, disabled workers, war disabled…

More recently, article L-114-1 of October 1, 2020 of the Code of Social Action and Families stipulates that "Disabled persons are entitled to compensation for the consequences of their disability, whatever their origin and nature of his deficiency, his age or his way of life”. Today, disability law includes all stages in the life of a person with a disability, ranging from early childhood care to professional integration, including education, schooling, arranging the home and the working environment so that the person can fully exercise their citizenship and their capacity for autonomy.

The areas of intervention of your lawyer in disability law in Marseille

Lawyer in disability law in Marseille, I support you in all forms of proceedings aimed at defending the rights of people with disabilities:

  • Disability

    Maître Anne-Sophie Delavaud accompanies you in the procedure for applying for a disability card, which certifies that you have a disability. This card is granted to a person who has a degree of incapacity greater than or equal to 80% confirmed by the Commission for the Rights and Autonomy of Disabled Persons (CDAPH) and to persons classified in the third category of the pension. Social Security disability. As a lawyer, I accompany you in the establishment and filing of your request with the Departmental House of Disabled People (MDPH).

  • Inability

    In the field of disability law, incapacity relates to the physical, intellectual, sensory and psychological difficulties preventing a person from carrying out their activities properly. In the context of work, an employee who is physically unable to carry out his professional activities due to an accident or illness. Your disability law lawyer in Marseille assists you and represents you before the Disability Litigation Court or the National Court of Incapacity and Workplace Accident Insurance Pricing, if you find yourself in a situation incapacity for work.

  • Incapacity

    When an employee finds himself in a situation of incapacity for work following an accident other than an accident at work or an occupational disease, the employer is required to research reclassification and other measures to maintain employment. of the employee. Failure to comply with these measures constitutes discrimination. In such situations, I, Maître Anne-Sophie Delavaud, remain alongside employees to defend their rights before the competent courts.

  • PPI rate

    Following an accident at work or an occupational disease confirmed by the Medical Advisor of the Caisse Primaire d'Assurance Maladie, if an employee manifests sequelae that permanently alter his physical or mental abilities, he is entitled to a rate of permanent partial incapacity (IPP). This rate of IPP then allows the employee to benefit from compensation at a rate of less than 10% (payment of a lump sum in one go) or greater than 10% (life annuity). Lawyer in disability law in Marseille, I accompany you if you wish to contest the rate of IPP fixed by the CPAM (Primary Health Insurance Fund).

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