Statute of Limitations and Liability in Damages Compensation: Judgment Cass. civ. no. 20327 of 2023
The recent order of the Court of Cassation no. 20327 of July 14, 2023, offers important insights into the employer's liability in case of workplace accidents and the statute of limitations for the right to damages compensation. The case at hand involves a worker, A.A., who sought compensation for biological damages due to occupational diseases arising from working conditions, highlighting the violation of safety regulations.
Context of the Judgment
In this case, A.A. claimed to have suffered damages due to the failure of his employer, E-DISTRIBUZIONE Spa, to adopt adequate safety measures. The Court of Frosinone upheld his claim, a decision confirmed by the Court of Appeal of Rome, which highlighted the employer's liability for failing to ensure safe working conditions and for not carrying out the necessary health surveillance.
The Court reiterated that the right to compensation for damage to the worker's health begins to run from the moment the damage manifests itself and not from the termination of the employment relationship.
Legal Principles Affirmed
The Court of Cassation emphasized several fundamental principles regarding employer liability:
- The employer has the obligation to adopt all necessary measures to ensure the safety of workers, as established by art. 2087 of the Civil Code.
- Liability for damages arising from the violation of safety regulations is objective, meaning that the employer's fault does not need to be proven.
- The statute of limitations for the right to compensation begins to run from the moment the damage manifests itself, not from the termination of the employment contract.
Conclusions
Judgment no. 20327 of 2023 by the Court of Cassation represents a significant step forward in protecting workers' rights, reaffirming that employer liability is fundamental to ensuring workplace safety. It also highlights the need for adequate health surveillance and preventive measures. The clarity with which the Court addressed the issue of the statute of limitations is crucial for workers who may find themselves in similar situations. Therefore, it is essential for employers to comply with current regulations to avoid legal consequences and ensure a safe and healthy working environment.
