Suffering a workplace injury that results in the amputation of one or more fingers is a traumatic event that profoundly disrupts a worker's personal and professional life. In addition to physical pain and psychological shock, immediate concerns arise about one's future employment, the ability to provide for one's family, and compensation rights. In these complex situations, it is crucial to understand that the coverage offered by INAIL represents only a portion of the compensation to which one is entitled. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci deals with these cases daily, guiding injured workers towards obtaining full compensation for all damages suffered, through the claim for so-called differential damages.
The Regulatory Context: Beyond INAIL Compensation
In the Italian legal system, when a worker suffers an injury, INAIL intervenes by providing compensation based on predefined tables, which covers biological damage if it exceeds a certain threshold and the economic consequences related to the reduction of generic working capacity. However, this compensation almost never exhausts the actual damage suffered by the victim, especially in serious cases such as amputations or permanent disabilities.
This is where the concept of differential damages comes into play. If the injury occurred due to the employer's negligence, for example, due to the failure to adopt the safety measures provided for by Article 2087 of the Civil Code, the worker has the right to claim from the company the difference between the total damage actually suffered and what has already been recognized by INAIL. This total damage includes fundamental elements that the Institute does not cover, such as moral damages, inner suffering, existential damages related to changes in lifestyle, and the loss of specific future work capabilities.
The Approach of the Bianucci Law Firm
Managing a case for a serious injury requires extreme precision and a deep knowledge of the subject matter. The approach of Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, focuses primarily on a rigorous analysis of the accident's dynamics. The primary objective is to unequivocally demonstrate the employer's responsibility in causing the event, which is an essential prerequisite for being able to claim differential damages.
Subsequently, the Bianucci Law Firm works closely with trusted forensic doctors and specialists to accurately quantify each item of damage. In the case of amputation of fingers or limbs, the assessment is not limited to the physical impairment but explores the psychological impact, the preclusion of specific recreational or sporting activities, and the compromise of the worker's specific professional skills. This meticulous reconstruction allows for the formulation of a complete, solid, and unassailable compensation claim, both in the out-of-court negotiation phase and, if necessary, in civil litigation.
Frequently Asked Questions
What exactly are differential damages?
Differential damages are the economic difference between the total compensation calculated according to the rules of civil law and the compensation paid by INAIL. They are claimed from the employer when the injury is caused by their responsibility, for example, due to non-compliance with workplace safety regulations, in order to ensure the worker receives full compensation that also includes moral and existential damages.
Does INAIL cover all damages suffered for an amputation?
No, INAIL compensation is a social and insurance benefit that only partially covers biological and economic damages. INAIL does not compensate, for example, inner suffering, psychological trauma, or the loss of specific job opportunities related to the particular role performed. To obtain compensation for these items, it is necessary to take action against the responsible employer.
Within what timeframe can I claim compensation from the company?
The right to claim differential damages is subject to specific statute of limitations periods, which vary depending on whether the act also constitutes a criminal offense, such as serious or very serious negligent personal injury, or is exclusively considered a civil wrong. It is essential to act promptly to gather evidence of the dynamics and correctly interrupt the statute of limitations.
Protect Your Rights: Contact the Bianucci Law Firm
Dealing with the consequences of a serious workplace injury requires support, expertise, and a targeted legal strategy. The costs and commitment of legal proceedings depend on numerous factors specific to each individual case and are always analyzed transparently during the initial consultation. Contact Avv. Marco Bianucci at the Milan office, located at via Alberto da Giussano 26, for a careful assessment of your situation and to understand how to proceed to obtain fair compensation for differential damages.