Analysis of Judgment Cass. civ., Labor Section, Ord., No. 25191 of 2023: Employer Liability and Differential Damages

Judgment No. 25191 of 2023 by the Court of Cassation offers an important reflection on employer liability concerning occupational diseases and the compensation of differential damages. In this article, we will analyze the key points of this decision, highlighting the implications for workers and companies.

The Case Under Review

The case concerns a worker, A.A., who underwent surgery due to an occupational pathology arising from his work as a driver. The Court of Appeal of Messina recognized A.A.'s right to compensation for differential damages, establishing a causal link between his profession and the illness. The matter reached the Court of Cassation following the appeal filed by Omissis Spa, the employer, who contested the judgment.

The employer's liability is in addition to INAIL's purely compensatory liability, as the foundations, scopes, and functions of the two areas responsible for repairing occupational illnesses and accidents are distinct.

Legal Issues Raised

Omissis Spa's appeal raised several issues, including:

• The employer's passive standing in cases of occupational illness.
• The correct application of the legislation regarding INAIL benefits.
• The necessity of demonstrating the causal link between work activity and the damage suffered.

The Court clarified that the employer's liability cannot be excluded even in the presence of compensation from INAIL. Furthermore, it reiterated that demonstrating a causal link is fundamental, which in this specific case was ascertained.

Recognition of Moral Damages

A crucial aspect of the judgment concerns the recognition of moral damages. The appellant contested the lack of recognition for the moral damages suffered due to the illness. The Court highlighted how moral damages, understood as psychological suffering and impairment of personal dignity, must be considered and evaluated within the overall compensation.

According to established case law, the judge must consider all negative consequences of the harmful event, both on a biological and relational level, thereby ensuring complete protection for the affected worker.

Conclusions

The judgment of the Court of Cassation No. 25191 of 2023 represents an important step forward in protecting workers' rights, emphasizing employer liability in cases of occupational illness. It highlights the need for an integrated approach to damage compensation, considering not only the financial aspect but also moral damages and the worker's dignity. This ruling urges companies to carefully consider working conditions and the health of their employees to avoid legal consequences and ensure a healthy and safe work environment.