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Work accident
An accident at work often affects the health of an employee, with medical and economic consequences.
Legal issues related to Indemnification are often overlooked due to care and treatment. Mistakes, that can be avoided during this period, lead to long-term economic consequences for the worker and his family.
This article provides the first legal information about an accident at work, clarifies liability for damages and provides some useful advices.
An accident at work is an event:
- traumatic, that results in injury to the employee’s health or his death;
- related to the performance of labor activities;
- with three or more days of disability;
- from external factors (not a disease).
An accident at work must be reported immediately to INAIL.
INAIL actually indemnifies the Employee for part of the damage caused by the event, even if it is a result of negligence, or due to inexperience of the Employee.
If, on the other hand, the damage was caused by negligence, carelessness or inexperience from the part of the Employer (for example, due to not updating the protective equipment at work), the Employer must compensate the Employee for “Differential Damage”.
“Differential Damage” is the difference between the damage actually caused and the portion of the damage compensated by INAIL.
The criteria for calculating “Differential Damage” are complex and have recently been amended by the Court of Cassation.
As a rule, the employer has additional insurance to cover the “Differential Damage”.
Accident at work, what really happens?
The correct behavior of an employee, employer, INPS and insurance company after an accident is as follows:
1 – The employee must immediately notify the employer of an accident at work by sending a medical certificate;
2- The employer must notify INAIL of an accident at work;
3- INAIL pays the employee part of the compensation for days of partial or complete incapacity for damage caused by an accident;
4 – The employee, after recovering from an accident, requests differential damage from the employer;
5 – The employer asks his insurance company to intervene to settle the differential damage.
“Differential damage” is determined on the basis of a forensic report that establishes the consequences of the accident, including the degree of disability.
The degree of disability, days of partial or complete disability, according to the tables, are “converted” into economic compensation.
Compensation estimates may vary from case to case.
If there is any doubt regarding compensation and the degree of responsibility of the employer, it is advisable to consult with a lawyer and a trusted expert.
For more information, contact Bonato Law Firm.