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Work accident. Compensation for damage.
In the event of an industrial accident, compensation for damages shall be paid by INAIL and the employer (if he is responsible for the accident).
In this article, we will talk about compensation paid by INAIL and the employer, in particular how to determine the amount of compensation and who is entitled to it.
Work accident. Compensation by INAIL
The compensation paid by INAIL is based on the principle of “indemnity”, which means, it is not aimed at providing full compensation for damage, but at providing social support to the Employee in difficult times.
During the treatment after an accident, INAIL will pay the employee the following:
- from the 5th to the 91st day after injury – 60% of the salary;
- from the 92nd day onwards, 75% of the salary;
- all expenses related to the accident (specialist visits, tests and rehabilitation are included only if the treatment is recognized by the organization).
After recovery, in case of permanent disability (depending on the percentage):
- less than 6% – there will be no payment;
- from 6% to 15% – compensation will be paid;
- more than 16% – annuity will be paid.
If disability worsens within 10 years after the accident, the employee may request a recount of annuity.
Accident at work. Compensation by Employer
As shown above, INAIL does not pay compensation for all damage caused by the accident, therefore the employer is responsible for the remaining difference (the so-called “Differential Damage”) if the accident was caused by his negligence or inexperience (for example, the working environment does not comply with the security rules).
The legal model is a model of civil liability, therefore, the goal is to provide full compensation for damage caused to the Employee and restore his condition as he was before the accident with monetary compensation.
During treatment after an accident, the employer will have to pay the employee:
- 100% of the salary for the day the accident occurred;
- 60% of the salary on the second, third and fourth day of the accident.
After recovering from an accident, the employer will have to compensate for the difference between the total damage and what INAIL compensates.
Damage is quantified according to the tables.
Compensation tables for industrial accidents
The quantitative assessment of damage presented in the tables is useful for orientation, but the calculation can be individual in specific cases.
In general, the parameters taken into account are related to the percentage of permanent disability, the age of the victim and the duration of the treatment period.
An indicative calculation mechanism is provided online.
If you want a quick, step-by-step guide about accident at work and its compensation, I suggest you to read the article: “Accident at work, what should I do?”
If you need more information, please contact Bonato Law Firm.