The administrative court of Marseille recognized on March 5 the existence of a " direct link "between a nurse's breast cancer and her night shift work for nearly 25 years, considering that her illness was attributable to her service. Consequently, the court overturned the decision of the director of the Martigues hospital center who had rejected the request in 2021 for recognition of liability » of the nurse, who had also had her request for recognition of occupational disease refused in 2019.
In its decision, the court notes that »An illness contracted by a civil servant is attributable to the public hospital service if it has a direct link to their working conditions, allowing it to develop, unless particular circumstances are at its origin.“However,” the court points out, “ While most of the causes of the disease remain unknown, scientific studies dating back to 2007 revealed the effects of night work on women's hormonal functions, leading to an increased risk of cancer.“.
The nurse, diagnosed with cancer in 2014, worked at the Martigues hospital for nearly 25 years. exclusively at night, with an average of 140 nights per year", the court emphasizes, noting that Other known risk factors, such as genetic, hormonal, environmental, and hygiene/dietary factors, are low or even absent in this nurse.“.
He believes that, under these conditions, " There is a sufficiently high probability of a direct link between the illness suffered by the nurse and her night shift working conditions, which led to the development of this illness." . He " therefore orders the hospital to recognize that the illness is attributable to the service“.
12,000 deaths per year
“ This is a very good decision."This is a very positive development," reacted Elisabeth Leroux, the lawyer for the nurse who, thanks to this decision, will be able to benefit from [unclear - possibly "benefits"].a lifetime annuity calculated based on the rate of permanent or partial disability granted to him/her" . " This is very important because they often get sick at a young age." she said.
The deadliest cancer among women in France, with 12,000 deaths per year, breast cancer is a disease whose risk factors are still being explored: night work has been deemed " probably carcinogenic "in 2007 by the International Agency for Research on Cancer, a WHO agency which also classified " known carcinogens X-rays and gamma rays.
Working nights more than two nights a week for more than 10 years triples the risk, the National Institute of Health and Medical Research estimated in 2018. To date, very few women have obtained recognition of their breast cancer as an occupational disease, which entitles them to compensation. The first, in 2023, was a nurse from the Moselle region who was exposed to radiation and worked nights in a hospital for 28 years. We still struggle to obtain this recognition despite a body of consistent scientific literature.", laments Mr. Leroux.
Although several cases have already been won – amicably or in court – for nurses and nursing assistants, most often accumulating multiple exposures (night work and ionizing radiation), proceedings are currently underway to have prostate cancer – also a hormone-dependent cancer – recognized as an occupational disease in night workers, the lawyer explains.
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