CIVIL LAW: COMPENSATION FOR DAMAGES – SERIOUS ACCIDENTS

WORKPLACE INJURY

The Nunga Lodi Law Firm has experience in assisting victims of workplace injuries. Attorney Denis Nunga Lodi, with the support of medical specialists and forensic doctors, will advise you on whether compensation is possible and assist you throughout the claims process.

Causes and Liability

Unfortunately, workplace accidents are quite common and can occur anywhere—from offices to construction sites. Each type of job carries specific risks that may seriously harm employees. The causes vary: negligence of a coworker, falls, lifting heavy materials, machinery accidents, violence, inadequate equipment, and violation of health and safety regulations.
In all cases, employers are required to protect their employees from any risks inherent in the work they perform.

EMPLOYER'S DUTIES
In Italy, specific legislation exists to protect workers in the workplace and reduce the risk of accidents and injuries. By law, employers are obligated to oversee and implement all necessary safety measures to ensure a safe work environment and protect their employees from accidents and illnesses.
If an employer fails to comply with workplace safety laws, the injured worker may be entitled to full compensation for the damages suffered.

INAIL

Insurance Coverage and Limitations

Workplace injuries are covered by mandatory insurance, which provides compensation in the event of a violent accident that causes death or permanent/total disability.

Compensation is paid by INAIL starting from the 5th day of absence from work, and it covers the entire duration of the leave:

• 60% of wages up to the 90th day;

• 75% of wages from the 91st day until full recovery.

Furthermore, within 10 years of the accident, the injured worker may submit a claim for worsening of biological damage.
However, INAIL does not provide full compensation: it only compensates physical damage from 6% disability and above. Thus, all related damages (loss of work capacity, moral damage, medical expenses, etc.) and physical damages below 6% disability are excluded.

The worker is still entitled to receive full compensation from the employer for all damages suffered, including differential physical damage and related losses.

Locations

Do not rule out the possibility of an accident, even if your workplace appears risk-free.

Workplace accidents can occur in a variety of environments, including:
› Factories or warehouses – where accidents often involve defective machinery or poor training;
› Offices – where slips, trips, and falls are common due to unsafe equipment or poor cleanliness;
› Restaurants or shops – where falls and impacts often result from poor maintenance;
› Work-related car accidents – if driving is part of the job, the company must maintain vehicles and take measures to reduce the risk of accidents.

CONSTRUCTION SITE vs OFFICE
Many claims concern factory or construction workers. However, even office environments have hidden dangers that may lead to long-term injuries or illness.
For example, prolonged use of computers and cordless phones can be harmful.

Computer Use
In modern offices, computer use is standard, but repetitive tasks (typing, staring at screens) over long periods can cause health issues like repetitive strain injuries (RSI). This constant strain can lead to chronic conditions.

Extended Cordless Phone Use
Medical literature has long associated daily cordless phone use over years with brain tumors. Recently, the Italian Supreme Court (Corte di Cassazione) ruled in favor of the family of a business manager who died after developing a brain tumor from using a cordless phone for about 4 hours a day.

Types of Injury

The most common workplace injuries include:
› Asbestosis due to asbestos inhalation
› Arthritis
› Back injuries
› Fractures
› Burns and scalds
› Bursitis
› Carpal tunnel syndrome
› Injuries from defective machinery
› Construction site falls
› Fatigue
› Head injuries
› Hearing loss
› Injuries from falling objects
› Inadequate training or protective equipment injuries
› Industrial accident injuries
› Lifting injuries
› Neck injuries
› Occupational asthma
› Repetitive strain injuries
› Silicosis
› Skin damage
› Slip and fall injuries
› Soft tissue injuries
› Spinal cord injuries
› Tendon injuries
› Tinnitus
› Hand-arm vibration syndrome
› Welding-related injuries
› Amputations
› Back, neck, and shoulder injuries
› Leg, knee, and ankle injuries
› Head trauma and other brain injuries
› Carpal tunnel syndrome
› Vision damage

Consequences of the Injury

Do not underestimate the impact a workplace injury has on the victim and their family.

A serious workplace injury can cause long-term disabilities that permanently change lives.
Injuries often require long absences from work, leading to loss of income, reduced pension contributions, and financial instability. The resulting loss of income affects family life and may lead to serious economic hardship.

The risk increases if the worker must leave their job or is lawfully dismissed due to exceeding the allowed sick leave period. Medical treatment and therapy (surgery, physiotherapy, medications) generate additional expenses.

Compensation should therefore cover not only pain and life disruption but also income loss and past/future medical expenses.

Compensation

Some individuals hesitate to file a claim for fear of financial harm to their employer.
However, biological damage is already covered under the INAIL social insurance system.

Workers may seek compensation for:
› Aggravation of pre-existing conditions
› Injuries and damages sustained in the workplace or while carrying out employer directives
› Injuries from work tools, such as mechanical equipment—serious cases include exposure to benzene, asbestos, or silica dust.

Exposure to substances like fuel or chemicals may cause rashes or, in extreme cases, mesothelioma.

Compensation typically excludes injuries from horseplay or injuries suffered while confused/disoriented.

Conversely, compensation is due for injuries occurring during commutes between home and the workplace ("in itinere" accidents).
Workers must remember that biological damages fall under the INAIL system. Regarding the difference between the INAIL settlement and full compensation based on standard damage assessment tables (differential damage), the employer usually holds insurance for that.