Suffering a serious workplace injury, particularly due to industrial machinery such as a press, a lathe, or an automated production line, is a traumatic event that disrupts the life of the worker and their family. In addition to physical pain and the rehabilitation process, concerns about future employment and economic stability immediately arise. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the delicacy of these situations, where the need for justice often clashes with the fear of retaliation or the bureaucratic complexity of insurance claims. It is crucial to know that Italian law offers strict protections for those who suffer damages due to shortcomings in company safety.
Employer's Liability and Differential Damages
The Italian legal system stipulates that the employer is responsible for the physical safety of their employees, as established by Article 2087 of the Civil Code. It is not enough to provide machinery; it is mandatory to ensure that it is equipped with all necessary safety devices, that it undergoes regular maintenance, and that personnel are adequately trained in its use. When an injury occurs due to the removal of guards, a maintenance defect, or a dangerous company practice tolerated to increase productivity, it constitutes civil and often criminal liability for the employer. Many workers mistakenly believe that the compensation paid by INAIL (the Italian National Institute for Insurance against Accidents at Work) covers the entire damage suffered. However, INAIL primarily compensates for the reduction in earning capacity. All other damages, such as differential biological damage, moral damage, and existential damage, must be compensated by the company or its insurance. This is known as differential damages, meaning the difference between what is paid by the social security institution and the actual amount of full civil damages due to the victim.
The Bianucci Law Firm's Approach to Industrial Accidents
Handling a workplace injury case requires a meticulous strategy and cross-disciplinary expertise. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on in-depth technical analysis from the very first stages. The Bianucci Law Firm collaborates with trusted forensic engineers and medical experts to reconstruct the dynamics of the accident and accurately quantify residual disability. The goal is to demonstrate the causal link between the violation of safety regulations (e.g., tampering with a safety photocell or the absence of a protective cover) and the injurious event. This rigorous working method allows for solid negotiations with the employer's insurance companies or, if necessary, for firmly advocating the client's case in court, always aiming for the maximum possible compensation to ensure the worker and their family the necessary future economic serenity.
Frequently Asked Questions
Does INAIL compensation cover the entire claim, or can I ask for more?
INAIL compensation is a welfare benefit that covers only a part of the damage, specifically that related to general earning capacity. If the injury was caused by the liability of the employer or third parties, you are entitled to claim so-called differential damages. This includes compensation for pain and suffering (moral damages), for the worsening of quality of life (existential damages), and for the portion of biological damage not covered by INAIL. An expert lawyer in damages compensation can accurately calculate this difference.
What happens if I removed the machine guard myself?
The worker's conduct is an element that is carefully evaluated. However, case law establishes that the employer must protect the employee even from their own imprudence, unless the worker's behavior was absolutely unforeseeable and outside the scope of their assigned duties (elective risk). If the removal of guards was a tolerated practice in the company to speed up production, or if the worker was not adequately trained on the risks, liability remains with the company.
Can I also sue the machine manufacturer?
Absolutely yes. If the technical investigation reveals that the injury was caused by a design or manufacturing defect of the machine itself (e.g., a non-functional emergency button or inadequate original guards), it is possible to take action against the machine manufacturer for defective product liability. Often, in complex cases handled by the Bianucci Law Firm, action is taken against both the employer for failure to supervise and the manufacturer.
I'm afraid of being fired if I ask for compensation, am I protected?
Italian law offers very strong protection against retaliatory dismissals. Dismissal issued as a consequence of requesting damages for a workplace injury is null and void. The legal system protects the worker's right to take legal action to protect their health and physical integrity. The Bianucci Law Firm assists the client not only in the compensation phase but also ensures that there are no illegitimate repercussions on the employment relationship.
Request a Case Evaluation in Milan
If you have been the victim of an injury involving industrial machinery, time is a crucial factor in gathering necessary evidence and testimonies. Do not let bureaucratic complexity prevent you from obtaining what is rightfully yours. Avv. Marco Bianucci is available to examine your documentation and provide you with a clear picture of your legal options. Contact the Bianucci Law Firm at their Milan office at Via Alberto da Giussano, 26, to schedule an initial consultation and define the best strategy for your future.