Legal Protection for Riders in Milan
Working as a rider or delivery person in the hectic traffic of Milan involves significant daily risks. The pressure to make quick deliveries, combined with heavy traffic and often adverse weather conditions, exposes gig economy workers to a high frequency of road accidents. When an injury occurs during a work shift, the legal situation can seem confusing: it's often unclear whether it's a workplace accident covered by INAIL (the Italian National Institute for Insurance against Accidents at Work), a standard road traffic incident, or the responsibility of the delivery platform. In this complex context, the role of an expert compensation lawyer becomes crucial for navigating regulations and ensuring that the worker's rights are not trampled.
The Regulatory Framework: Between INAIL and Civil Liability
The legal classification of riders has been the subject of numerous debates and reforms in Italy. Although many contracts are still of an autonomous or occasional nature, case law and recent regulations have extended increasing protections to this category. In the event of an accident occurring during delivery or on the way to the pick-up location (infortunio in itinere - accident during commute), the rider may be entitled to INAIL benefits, just like an employee. However, INAIL protection covers biological damage and loss of earning capacity, but does not always fully compensate for every type of damage, such as moral damages or material damage to the vehicle (bicycle or scooter) and smartphone, essential tools for the activity. This is where the civil liability of the driver who caused the accident comes into play, or in some cases, the platform's liability if it failed to provide adequate safety equipment.
The Approach of Studio Legale Bianucci
At Studio Legale Bianucci, we understand that for a rider, an injury represents not only physical harm but also an immediate halt to their source of income. The approach of lawyer Marco Bianucci, as an expert compensation lawyer in Milan, focuses on an integrated strategy. We don't just handle standard insurance claims; we thoroughly analyze the dynamics of the accident and the employment contract with the delivery platform (Glovo, Deliveroo, Just Eat, Uber Eats, etc.). The goal is to activate all available insurance coverages: from the civil liability insurance policy of the responsible party, to private coverages provided by the platforms, up to INAIL intervention. The firm uses trusted forensic medical consultants to accurately quantify the extent of the injuries, ensuring that compensation reflects the real impact of the accident on the client's life and earning capacity.
Frequently Asked Questions
Does the rider always have the right to INAIL coverage?
Current legislation provides for INAIL insurance obligations for riders operating through digital platforms, even with an occasional self-employment contract. This means that, in case of an accident during service, the institute should cover medical expenses and compensation for temporary disability. However, each case must be analyzed individually to verify the regularity of the position and the actual dynamics of the event.
Who pays for the damage to my vehicle and phone?
INAIL compensates for personal injury, but not for damage to property. To obtain compensation for a damaged bicycle, scooter, helmet, or smartphone in an accident, it is necessary to take action against the insurance of the vehicle that caused the incident. An expert compensation lawyer will know how to manage this claim in parallel with the workplace accident case.
What happens if I fall by myself due to a pothole?
If the accident is caused by poor road maintenance (potholes, uneven cobblestones, protruding manhole covers), it is possible to claim compensation from the road owner, which in Milan is often the Municipality. It is essential to immediately document the condition of the site with photographs and request the intervention of the Local Police for an official report.
Can I also claim damages from the delivery platform?
Yes, in some specific cases. If the accident was caused or aggravated by the failure to provide personal protective equipment (helmet, lights, reflective clothing) that the platform was obliged to provide or check, the client may be held liable for violating workplace safety regulations.
Request an Assessment of Your Case
If you are a rider and have been involved in an accident in Milan, do not face insurance companies and bureaucracy alone. Lawyer Marco Bianucci is available to assess the feasibility of your compensation claim and guide you towards the appropriate indemnity. Contact the firm at via Alberto da Giussano, 26, to schedule an appointment and protect your rights as a worker.