The world of work has undergone a profound transformation in recent years, making smart working an increasingly widespread and consolidated operational method. However, working from home does not exempt one from professional risks, and unfortunately, accidents can occur even within the domestic walls. Many workers often find themselves disoriented when faced with an accident that occurred during working hours at home, wondering if they are entitled to the same protections as for office work. Understanding one's rights in these circumstances is fundamental to not giving up legitimate protections. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci offers consultancy and assistance to those who have suffered an injury while performing work remotely, ensuring professional support to navigate the regulatory complexities governing this specific matter.
Legislation on Safety and INAIL Protection in Remote Working
Law no. 81/2017, which governs remote working in Italy, has established a fundamental principle: the remote worker is entitled to protection against workplace accidents and occupational diseases resulting from risks connected to the work performed outside company premises. This means that INAIL covers injuries sustained by the worker even when they occur within their own home, provided there is a causal link between the work activity and the harmful event. This is not indiscriminate coverage for any domestic accident, but specific protection for those events that are a direct consequence of the duties performed or the use of tools provided by the employer. It is essential to distinguish between a general risk, to which anyone is exposed in their own home, and a specific work-related risk.
A crucial aspect concerns the employer's responsibility. Even in the context of remote working, the employer remains responsible for the employee's health and safety. They are required to provide written information on general and specific risks associated with the work method and, in many cases, to provide suitable and ergonomic equipment, such as compliant chairs or adequate monitors. If the injury results from organizational deficiencies, such as a lack of training on correct posture or the provision of obsolete and dangerous equipment, the employer's civil liability may be established. In such cases, in addition to INAIL compensation, the worker may be entitled to so-called 'differential damages,' which is the portion of compensation that covers items of damage not recognized by the public insurance institution.
The Approach of Studio Legale Bianucci to Injury Compensation
Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, handles every case of injury in remote working with meticulous and personalized analysis. The complexity of these situations often lies in the difficulty of proving that the accident occurred 'in the course of work' and not for reasons unrelated to the professional performance. The firm's approach involves first a detailed reconstruction of the event's dynamics, supported, where necessary, by medico-legal consultations to accurately quantify the biological damage suffered by the client. The goal is to build a solid evidentiary framework that demonstrates the functional link between the work activity and the injury.
The defense strategy developed by Avv. Marco Bianucci focuses not only on obtaining INAIL compensation but also on establishing any employer liability for violating safety regulations. Often, in fact, the home is mistakenly considered a place free from work-related risks, leading to an underestimation of the necessary preventive measures. Studio Legale Bianucci carefully assesses whether there have been breaches of obligations regarding training, information, or the provision of equipment, elements that can form the basis for a claim for full compensation for material and non-material damages. The priority is to ensure that the worker receives fair redress for the prejudice suffered, through transparent case management oriented towards concrete results.
Frequently Asked Questions
Is an injury that occurs in the kitchen or bathroom during working hours covered by INAIL?
Jurisprudence and INAIL circulars tend to recognize coverage even for so-called accidents occurring during physiological breaks or necessary movements within the home to satisfy basic needs (such as drinking or going to the bathroom), provided that such acts are instrumental to the work activity and occur within a timeframe compatible with working hours. However, each case must be analyzed individually to verify the absence of an elective risk, i.e., abnormal or voluntary behavior by the worker that interrupts the causal link with work.
What happens if my employer did not provide me with an ergonomic chair and now I have back problems?
If the employer failed to provide the necessary equipment or did not verify that the home workstation was suitable, despite being obliged to do so, they may be held liable for the pathologies developed by the employee, such as musculoskeletal disorders or hernias. In this scenario, it is possible to consider an action for differential damages compensation, demonstrating that the injury is a direct consequence of the failure to adopt the safety measures required by health and safety regulations in the workplace.
What is the difference between INAIL compensation and damages compensation?
INAIL compensation is an automatic welfare benefit that covers biological damage and loss of earning capacity, but it has caps and does not cover all types of damage. Civil damages compensation, on the other hand, aims to fully compensate the worker for all losses suffered, including those not covered by INAIL (such as moral damages, existential damages, or the portion of biological damage exceeding the cap). To obtain the latter, it is necessary to prove the employer's liability or fault in causing the event.
Request an Assessment of Your Case in Milan
If you have suffered an injury while working from home or believe you have developed a pathology related to smart working conditions, it is crucial to act promptly to protect your rights. Avv. Marco Bianucci, thanks to his consolidated experience in damages compensation, is available to examine your specific situation at his office in Milan at Via Alberto da Giussano, 26. The costs of legal action vary based on the complexity of the case and the necessary activities; for this reason, during an initial consultation, a clear and transparent analysis of the chances of success and the expected financial commitment will be provided, allowing you to serenely decide on the best course of action.