Legal protection after a fatal workplace accident
Facing the loss of a family member due to a workplace accident is a devastating experience, leaving an unfillable void and raising complex legal questions. In a moment of profound grief, navigating bureaucratic procedures and regulations to obtain fair compensation can appear as an insurmountable obstacle. In these circumstances, the support of an expert lawyer in compensation claims in Milan is fundamental to ensure that the rights of surviving family members are fully protected. Attorney Marco Bianucci offers targeted legal assistance to shed light on responsibilities and obtain proper recognition for the damage suffered.
The regulatory framework: employer's liability and compensation
In the event of a worker's death, Italian law provides a dual form of protection for family members. The first is that provided by INAIL, which offers an indemnity in the form of a pension to survivors. However, this indemnity covers only a portion of the overall prejudice. When the accident is caused by a violation of safety regulations by the employer, their civil and criminal liability emerges. In this scenario, family members have the right to claim full compensation for all damages suffered, which is in addition to what is paid by INAIL.
Compensation is divided into several categories. Family members can act both for damages suffered personally (danno iure proprio), and for damages suffered by the victim before death and transmitted to them by inheritance (danno iure hereditatis). The most significant damage for relatives is the so-called damage from loss of the parental relationship, which represents compensation for the suffering and disruption of life caused by the loss of the emotional bond. To this are added moral damages and, in some cases, biological damages suffered by the family members themselves as a result of the trauma.
The approach of Bianucci Law Firm
The approach of Attorney Marco Bianucci, an expert lawyer in compensation claims in Milan, is based on a strategic and personalized analysis of each individual case. The primary objective is to obtain fair and full compensation for family members, ensuring that every aspect of the damage, both patrimonial and non-patrimonial, is correctly quantified and recognized. The firm's strategy involves a meticulous reconstruction of the accident dynamics to ascertain the employer's responsibilities, a medico-legal evaluation for damage quantification, and determined legal action, both out-of-court and, if necessary, in court. Case management is conducted with the utmost empathy and transparency, guaranteeing clients constant support throughout the complex legal process.
Frequently Asked Questions
Who is entitled to compensation for a fatal workplace accident?
The victim's closest family members, defined as 'survivors', are entitled to compensation. This generally includes the spouse (or civil union partner), children (even if not cohabiting), parents, and, in certain circumstances, siblings. The fundamental requirement is the demonstration of an intense emotional bond and concrete suffering resulting from the loss, which is presumed for the closest family members.
Does INAIL compensation exclude that from the employer?
No, it does not exclude it. The indemnity paid by INAIL is of a social security nature and covers only a portion of the damage. Family members have the right to take civil action against the responsible employer to obtain the so-called 'differential damage'. This includes all categories of damage not covered by INAIL, particularly the entire non-patrimonial damage (such as the damage from loss of the parental relationship), which often constitutes the most significant component of the compensation.
What types of damages can be compensated to family members?
Family members can claim compensation for non-patrimonial and patrimonial damages. Non-patrimonial damages include the damage from loss of the parental relationship, moral damage (internal suffering), and sometimes biological damage (if the grief has caused an ascertainable psychophysical pathology). Patrimonial damages, on the other hand, relate to negative economic consequences, such as the loss of financial support that the victim provided to the family unit.
How long do I have to claim compensation for a workplace death?
Statute of limitations vary. The action to assert the employer's civil liability generally prescribes in five years from the day of the accident. However, if the incident constitutes a crime (such as negligent homicide), the statute of limitations for civil action is longer and coincides with that provided for the crime itself. It is nevertheless crucial to act promptly to avoid losing the right to compensation.
Contact Attorney Marco Bianucci for an Evaluation of Your Case
We understand the sensitivity and pain you are facing. To gain clarity on your rights and the legal actions to take, it is essential to rely on a professional with consolidated experience. Attorney Marco Bianucci is available to provide an initial evaluation of your case, offering an in-depth analysis and a transparent legal opinion. Contact the firm to schedule an appointment and receive the necessary assistance to protect your interests and honor the memory of your loved one.