Workplace Injury: Lack of Safety on Machinery

Suffering a workplace injury due to industrial machinery lacking necessary protections is a traumatic event that profoundly impacts a worker's personal and professional life. In these situations, the feeling of injustice is compounded by physical pain, as the accident could have been avoided by strictly adhering to current safety regulations. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci understands the delicacy of these moments and the need to obtain clear and determined legal protection for the recognition of all rights.

The Regulatory Context: Beyond INAIL Coverage

Italian legislation imposes strict safety obligations on employers, including the adoption of appropriate technical measures to protect employee safety. When industrial machinery is devoid of guards, barriers, or emergency stop devices, it constitutes a serious violation of the Consolidated Law on Safety and Article 2087 of the Civil Code, which requires employers to protect the physical integrity of their workers.

Many workers believe that the compensation paid by INAIL is the only form of redress possible following an accident at work. However, public insurance coverage only partially compensates for the damage suffered. If the accident is caused by the employer's negligence, as in the case of non-compliant machinery, the worker has the full right to claim so-called differential damages. This compensation category includes biological damage not covered by the institute, moral damage for suffering endured, and any further economic or existential prejudice directly resulting from the injury.

The Bianucci Law Firm's Approach

Addressing a compensation claim against one's employer requires strategy, technical expertise, and a thorough analysis of the accident's dynamics. The approach of the Bianucci Law Firm, under the guidance of Avv. Marco Bianucci, an expert lawyer in damages compensation, is based on a meticulous reconstruction of the historical and technical facts. The first step involves acquiring all medical and technical documentation, working closely with trusted experts to unequivocally demonstrate the lack of safety requirements of the industrial machinery at the time of the incident.

The firm's primary objective is to relieve the worker of all complex evidentiary burdens, building a tailored strategy aimed at obtaining the maximum possible compensation. Avv. Marco Bianucci manages out-of-court negotiations with company insurance providers and, if a fair agreement is not reached, proceeds firmly in court. Clients receive constant and transparent support at every stage of the dispute, with the goal of restoring the peace of mind compromised by the injury.

Frequently Asked Questions

What happens if I get injured by machinery without guards?

If the injury occurs due to the removal or failure to install safety systems on the machinery, the employer is held civilly liable. In addition to the automatic intervention of INAIL, you have the right to take legal action to obtain full compensation for all physical, moral, and material damages suffered, demonstrating the company's specific violation of accident prevention regulations.

Does INAIL cover all damages suffered from a workplace injury?

No, INAIL compensation represents a basic economic benefit that covers only a portion of biological and material damage, following specific tables and predetermined parameters. It does not cover moral damage, inner suffering, nor the portion of biological damage not recognized by the institute. To obtain the difference, known as differential damage, it is necessary to undertake direct compensation action against the negligent employer.

Can I claim compensation if I made a mistake using the machine?

Yes, in most cases, the right to compensation remains. Case law establishes that employers must also prevent injuries resulting from the worker's imprudence or inattention by installing adequate guards that prevent access to dangerous parts. Only in the presence of a completely unforeseeable, abnormal behavior by the worker that entirely deviates from the assigned duties could the employer's liability be excluded. A thorough analysis of the specific case is essential to assess the feasibility of legal action.

Evaluate Your Case with a Professional

Sustaining injuries due to lack of workplace safety requires prompt legal intervention to preserve evidence and adequately protect your position. The costs and timelines of legal proceedings depend on numerous factors specific to each case, such as the severity of the injuries, the need for technical assessments, and the accident's dynamics. During the initial consultation, Avv. Marco Bianucci will analyze the situation and provide a clear and transparent overview of the commitment required for case management. Contact Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, for a thorough review of your situation and to understand the best strategies for protecting your rights.