The protection of workers against occupational diseases

Discovering that one's health has been compromised by work activity is a difficult and destabilizing experience. An occupational disease not only affects the ability to work but also profoundly impacts the quality of life for oneself and one's family. In these circumstances, obtaining fair compensation is not just a right, but a fundamental step to ensure future serenity. As an attorney specializing in damages claims in Milan, attorney Marco Bianucci supports workers who have contracted pathologies due to their duties, providing targeted legal assistance to obtain full recognition of their rights.

The regulatory framework: INAIL compensation and damage compensation

In Italy, protection for occupational diseases is structured on two main levels. The first is the social security level, managed by INAIL, which provides compensation to the worker for the biological damage suffered. This compensation is based on predefined tables and represents a form of automatic protection, provided that the disease is recognized as occupational. It is important to distinguish between 'scheduled' diseases, for which the causal link with work activity is presumed, and 'non-scheduled' diseases, for which the worker must prove the direct connection between the pathology and the work performed.

However, INAIL compensation often does not cover the entirety of the prejudice suffered by the worker. Here, the second level of protection intervenes: the civil liability of the employer. If it is ascertained that the company has not adopted all necessary safety measures to protect the employee's health, the right arises to request compensation for the so-called 'differential damage'. This includes all items of damage not covered by INAIL, such as moral damage, existential damage, and the portion of biological damage that exceeds the social security compensation.

The Approach of Bianucci Law Firm

The approach of attorney Marco Bianucci, an expert lawyer in damages claims in Milan, is based on a rigorous and personalized analysis of each individual case. The first step consists of a meticulous reconstruction of the client's work and health history, gathering all necessary documentation to demonstrate the causal link between exposure to risk factors and the onset of the pathology. This process is fundamental, especially for non-scheduled diseases or those that manifested many years after the cessation of work activity.

The Firm avails itself of the collaboration of trusted medico-legal and technical consultants to carry out specialized appraisals, indispensable for precisely quantifying the extent of biological damage and all other components of the prejudice. The legal strategy is always aimed at valuing every aspect of the damage suffered, engaging in dialogue with the opposing parties to reach a fair agreement or, if necessary, undertaking determined legal action to assert the client's rights in court. The goal is to ensure that the compensation obtained is truly integral and restorative.

Frequently Asked Questions

Within what terms must an occupational disease be reported?

Statute of limitations are a crucial aspect. For the request for compensation from INAIL, the worker has three years from the moment the disease manifests, or from when they become aware of its occupational origin. For the action for differential damage compensation against the employer, the statute of limitations is generally ten years, always starting from the manifestation of the pathology.

What happens if the company I worked for no longer exists?

Even if the company has ceased its activity or has gone bankrupt, there are still possibilities to obtain compensation. Legal action can be directed towards former partners with unlimited liability, towards insurance companies that covered the company's civil liability, or by filing a claim in the bankruptcy proceedings. Feasibility depends on the specific circumstances of the case, which must be carefully evaluated.

Does INAIL compensation exclude that from the employer?

No, it does not exclude it. The compensation provided by INAIL and the compensation for damages from the employer are two complementary forms of protection. The worker has the right to request from the employer compensation for 'differential damage', i.e., the difference between the total damage suffered and what has already been paid by INAIL. This includes items of damage, such as moral damage, which the social security institution does not cover.

Request a Case Evaluation in Milan

Addressing the consequences of an occupational disease requires clarity, competence, and adequate legal support. If you believe your health has been damaged by your work, it is essential to act promptly to protect your rights and obtain fair compensation for the prejudice suffered. Contact Bianucci Law Firm for a preliminary evaluation of your case. Attorney Marco Bianucci, with his consolidated experience in damages claims in Milan, will analyze your situation to define the most effective legal strategy to obtain fair compensation.