Legal Protection in Case of Ocular Damage from Foreign Bodies
Suffering an eye injury due to the entry of a foreign body is a traumatic event that can compromise not only vision but also daily quality of life and work capacity. Whether the accident occurs at the workplace due to a lack of adequate protective equipment, or in a public place due to debris or poor maintenance, the consequences can be permanent. As an expert lawyer in compensation for damages in Milan, I understand the delicacy of these situations, where physical pain is compounded by uncertainty about the future. It is crucial to act promptly to ascertain responsibilities and ensure that the victim obtains fair compensation for the harm suffered.
Civil Liability and Governing Legislation
The Italian legal framework offers rigorous protection for those who suffer physical harm due to the negligence of others. In the workplace context, Article 2087 of the Civil Code requires employers to adopt all necessary measures to protect the physical integrity of employees. If an employee suffers eye damage because protective goggles were not provided or because machinery was not shielded, employer liability arises that goes beyond INAIL (National Institute for Insurance against Accidents at Work) compensation, opening the way for so-called differential damages. In cases of accidents in public places or places open to the public, such as a street where a construction site projects dangerous fragments or dust, reference is made to Article 2051 of the Civil Code, which governs liability for things in custody, or Article 2043 for general non-contractual liability. In both scenarios, the law provides for compensation for biological damage (the injury itself), moral damage (inner suffering), and patrimonial damage (medical expenses and loss of earnings).
Studio Legale Bianucci's Approach to Ocular Damage Management
Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, approaches each case of eye injury with an analytical and personalized method. The firm's strategy is based on a rigorous reconstruction of the causal link: it is essential to demonstrate that the foreign body entered the eye due to a specific safety omission or negligent conduct by the other party. We collaborate with trusted forensic doctors and ophthalmologists to accurately quantify permanent and temporary disability, assessing the impact of the injury on residual visual capacity. The goal is not just to obtain reimbursement of expenses, but to ensure comprehensive compensation that covers every aspect of the existential harm suffered by the client. The management of the case aims, where possible, for a swift and satisfactory out-of-court settlement, but with the firm determination to proceed to litigation if the insurance companies' offers are not commensurate with the severity of the damage.
Frequently Asked Questions
If an eye injury occurs at work, does only INAIL pay?
Not necessarily. INAIL provides compensation based on specific parameters, but this often does not cover the entire damage suffered by the worker, especially regarding moral damage and extra medical expenses. If the employer's liability for lack of safety is proven, it is possible to claim compensation for differential damages, i.e., the portion of damage not covered by INAIL. An expert lawyer in compensation for damages can assess whether there are grounds for this civil action.
What should I do immediately after a foreign body enters my eye?
The priority is to go immediately to the ophthalmic Emergency Room for treatment and to obtain a detailed medical report attesting to the presence of the foreign body and the nature of the injury. This document is fundamental proof of the causal link between the accident and the damage. Subsequently, it is crucial to preserve any evidence of the incident, such as photos of the accident scene, names of witnesses, and, in the case of a workplace accident, to verify whether protective equipment was provided or not.
How is compensation calculated for partial vision loss?
Compensation is calculated based on medico-legal tables, including the Tables of the Court of Milan, which are widely used nationally. The calculation takes into account the percentage of permanent disability (biological damage), days of temporary incapacity, the age of the injured party, and the moral suffering endured (personalization of damages). Vision loss, even partial or monocular, results in high disability scores that require careful quantification.
Can I claim damages if I was injured passing near a road construction site?
Yes, if the construction site was not adequately protected or signposted. Those managing a construction site have a duty to prevent debris, dust, or fragments from hitting passers-by. In this case, liability falls on the construction company or the road owner for failure to maintain custody. It is essential to prove that the damage resulted directly from the construction site's activity.
Request an Assessment of Your Case in Milan
Ocular injuries require specific expertise to be correctly assessed from a medico-legal perspective. If you have suffered damage due to a foreign body due to the negligence of others, do not let your rights be ignored. Avv. Marco Bianucci is available at his office at Via Alberto da Giussano, 26 in Milan, to examine the dynamics of the accident and undertake the most effective path to obtain fair compensation. Contact Avv. Marco Bianucci today for an initial analysis of your situation.