Working in the construction sector involves significant risks, and unfortunately, accidents on construction sites remain a frequent and painful reality. When a workplace injury occurs, the physical, emotional, and economic consequences can be devastating for the worker and their family. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the sensitivity of these situations and the need for prompt action to protect the rights of the injured party. It's not just about obtaining compensation, but about ascertaining the truth of the facts and ensuring that responsibilities are clearly defined, allowing the worker to focus on their recovery.
The Regulatory Framework and Safety on Construction Sites
Italian legislation on workplace safety is extremely rigorous, with the Consolidated Law on Safety (Legislative Decree 81/2008) imposing strict obligations on employers, clients, and safety coordinators. An accident on a construction site is rarely a matter of chance; it is often the consequence of a failure to comply with prevention regulations, such as the absence of personal protective equipment, non-compliant scaffolding, or inadequate staff training. From a legal perspective, in addition to INAIL compensation which partially covers the damage, the worker is entitled to so-called differential damage. This represents the difference between what is paid by the social security institution and the actual amount of civil damage suffered, which includes items such as moral damage, existential damage, and loss of specific earning capacity, all compensable directly by the civilly liable parties for the incident.
The Bianucci Law Firm's Approach to Workplace Injuries
Avv. Marco Bianucci, with extensive experience in managing complex claims, approaches each construction site injury case with a meticulous and personalized strategy. The firm's primary objective is to reconstruct the exact dynamics of the accident to identify all responsible parties, which on construction sites can be multiple: from the executing company to the safety coordinator, and even the client commissioning the work. The approach of Avv. Marco Bianucci, an expert lawyer in workplace injuries in Milan, involves close collaboration with trusted technical consultants and forensic medical experts to accurately quantify the extent of biological and patrimonial damage. The firm favors out-of-court settlement to obtain fair compensation within a reasonable timeframe, but is prepared to defend the client's rights in court if insurance companies or opposing parties do not recognize the rightful compensation.
Frequently Asked Questions
Who is responsible if I get injured on a construction site?
Responsibility is often shared among several individuals. In addition to the employer, who has the obligation to ensure safety, the safety coordinator during execution, the site manager, or the contracting company may be involved. Avv. Marco Bianucci analyzes the documentation and the dynamics to precisely identify all parties who contributed to causing the injury due to lack of supervision or inadequate protective measures.
Does INAIL compensation cover the full amount of damages?
No, INAIL compensation is a social security benefit that covers biological and patrimonial damage according to specific tables, but it does not fully compensate for the damage suffered by the individual. Important components such as moral damage, existential damage, or patrimonial damage exceeding INAIL coverage must be claimed civilly from the party responsible for the injury through an action for differential damage.
What should I do immediately after an accident on a construction site?
It is essential to go to the Emergency Room immediately to have the injuries assessed and obtain a medical certificate, specifying that it is a workplace injury. Subsequently, the employer must report the accident to INAIL. Promptly contacting a lawyer specializing in damages compensation allows for the immediate collection of evidence, testimonies, and photographic documentation of the site conditions, elements that could be lost over time.
How long do I have to claim damages?
The statute of limitations varies depending on whether the injury constitutes a crime (such as serious or very serious negligent injury). In civil matters, the general term is five years, but if the act constitutes a crime, the statute of limitations is extended according to criminal terms. However, it is crucial to act as soon as possible to avoid compromising the ability to prove the causal link between the accident and the damage suffered.
Request an Assessment of Your Case
If you have been the victim of an injury on a construction site in Milan or Lombardy, it is important not to face the bureaucratic and insurance complexities alone. Avv. Marco Bianucci is available to examine your situation, assess responsibilities, and outline the most effective path to obtain the compensation you are entitled to. We receive clients at our office at Via Alberto da Giussano 26, by appointment, to listen to your story and offer you concrete and professional legal support.