Protection for Workers Victim of Workplace Violence
Suffering a violent assault while performing one's work duties, for example as a cashier in a supermarket or an unarmed security guard, is a traumatic event that leaves deep scars, both physical and psychological. Beyond the immediate pain, a sense of injustice often arises, linked to the perception that the company did not do enough to prevent the incident. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci understands the delicacy of these situations and the need to act firmly to protect the rights of the affected worker.
When an employee is the victim of a violent act by third parties (customers, robbers, or intruders) during working hours, we are not only dealing with a workplace injury covered by INAIL, but often a specific civil liability of the employer arises. Italian law requires companies to adopt all necessary measures to protect the physical and moral integrity of their employees. If these measures are deficient or absent, the worker is entitled to full compensation for the damages suffered.
Employer's Liability for Lack of Safety
The legal basis for protection lies in Article 2087 of the Civil Code, which obliges the employer to adopt the necessary measures to protect the physical integrity and moral personality of workers. This means that the employer must not only prevent accidental incidents but must also implement appropriate safety measures to deter or prevent foreseeable assaults, especially in high-risk activities such as large retail, banks, or night services.
If the assault occurs due to negligent supervision or the lack of adequate safety systems (such as cameras, private security, protective barriers, or emergency protocols), the employer can be held liable for damages. In these cases, INAIL compensation covers only a part of the economic and biological prejudice; to obtain full compensation for all damage categories, including moral damages and so-called differential damages, it is necessary to take civil action against the responsible company.
The Approach of Studio Legale Bianucci in Milan
Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, handles cases of workplace assault with a rigorous strategy aimed at demonstrating the causal link between corporate negligence and the injurious event. The firm's goal is not only to obtain compensation but to ensure that the worker's dignity and the seriousness of the incident are recognized.
The work method involves a detailed analysis of the circumstances of the assault. The firm acquires documentation related to workplace safety (DVR), verifies the presence and functionality of safety devices, and collects testimonies. Through collaboration with trusted forensic doctors, biological damages (physical injuries) and non-pecuniary damages (inner suffering, post-traumatic stress) are precisely quantified, to formulate a solid and documented compensation claim.
Frequently Asked Questions
Is an assault by a customer considered a workplace injury?
Yes, an assault suffered during working hours and at the workplace is classified as an injury occurring during work. The employee is entitled to INAIL benefits for absence from work and for any permanent disability, but this does not preclude the possibility of claiming further compensation from the company if there are responsibilities in the lack of safety.
What is meant by differential damages?
Differential damages are the portion of compensation due to the worker that exceeds what has already been paid by INAIL. While INAIL primarily compensates for work capacity and biological damages according to standard tables, civil compensation aims to fully cover damages to the person, including moral and existential aspects, and the personalization of biological damages.
Can I claim damages even if the aggressor has not been identified?
Absolutely. The employer's liability for lack of safety is independent of the aggressor's criminal liability. If the company has not implemented adequate measures to prevent the event (e.g., lack of security guards in a high-risk environment), it can be held liable for damages regardless of the identification or solvency of the person who committed the assault.
What are the time limits for legal action?
The right to compensation for damages arising from the employer's contractual liability generally expires after ten years. However, it is crucial to act promptly to gather evidence, testimonies, and medical documentation that could be lost over time.
Request an Assessment of Your Case
If you have been the victim of a workplace assault and believe your safety was not adequately protected, do not let your rights be ignored. Avv. Marco Bianucci is available at the office located at via Alberto da Giussano, 26 in Milan, to examine the facts and assess the feasibility of a compensation claim.
Contact Avv. Marco Bianucci for an assessment of your case. The firm's approach is aimed at offering you immediate clarity on your chances of success and accompanying you with expertise towards fair compensation.