Recognition of Biological Damage and Compensation: Commentary on Judgment Cass. civ., Labor Section, no. 6503 of 2022

The judgment of the Court of Cassation no. 6503 of 2022 is part of a crucial legal debate concerning the compensation for biological damage in cases of workplace injury. The Court clarified the limits of INAIL's liability and established the methods for liquidating non-pecuniary damage for the victim's family members. In this article, we will analyze the main aspects of this judgment, highlighting the implications for the rights of heirs and the responsibilities of the entities involved.

Context of the Judgment

The case involved the heirs of a worker who died following a workplace injury. The Court of Appeal of Salerno had initially accepted INAIL's appeal, rejecting the heirs' claim for recognition of further sums beyond those already liquidated. However, the Court ordered private parties to compensate for non-pecuniary damage.

Decisions of the Court of Cassation

• The Court confirmed that INAIL is not obligated to compensate for temporary biological damage, limiting itself to recognizing indemnities for permanent disability.
• It was emphasized that compensable biological damage exclusively concerns permanent impairments, thus excluding temporary biological damage.
• The Court stated that non-pecuniary damage is compensable only for the suffering endured by the victim before death, considering the time elapsed between the injury and death.

The judgment specified that the liquidation of terminal biological damage must follow the criteria of the Milan tables, used for quantifying personal injury.

Implications for Heirs' Rights

The ruling of the Court of Cassation highlights how heirs can claim compensation for non-pecuniary damage, particularly for terminal biological damage and moral damage. However, to obtain compensation, it is essential to demonstrate the existence of damage suffered by the victim in the time interval between the injury and death. This aspect represents a challenge for heirs, as it requires proof of the victim's suffering and awareness during that period.

Furthermore, the judgment clarifies that the right to compensation is not transmitted iure hereditatis for damages not quantifiable at the time of death, highlighting the limitations of the current insurance system and the need for reform to ensure greater equity.

Conclusions

Judgment no. 6503 of 2022 by the Court of Cassation represents an important ruling on the compensation of biological damage, clarifying the limits of INAIL's responsibilities and the possibilities for compensation for the victim's family members. It is crucial for heirs to be aware of the necessary conditions for claiming compensation and the importance of gathering adequate evidence. The issue of damage compensation in cases of workplace injury remains complex and deserves careful consideration by the legislator.