Straining and workplace distress: when work becomes unsustainable

Experiencing hostility or marginalization in the workplace is not just a source of stress, but can turn into a genuine pathology that undermines psychophysical health and human dignity. Often, workers find themselves trapped in abusive dynamics that, while not constituting classic mobbing, cause equally serious damage. In these cases, we speak of straining, a form of workplace bullying that requires specific and immediate protection. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the personal and professional repercussions of these dynamics and offers the necessary support to assert one's rights.

The regulatory framework: difference between Mobbing and Straining

In the Italian legal landscape, the protection of the worker is based on Article 2087 of the Civil Code, which requires employers to adopt all necessary measures to protect the physical integrity and moral personality of their employees. It is crucial to distinguish between two often confused concepts: mobbing and straining.

While mobbing requires a continuity of harassing actions prolonged over time with a specific persecutory intent, straining occurs even in the presence of a single action or a series of actions lacking continuity, provided they have lasting and negative consequences on the employee's work situation and health. Jurisprudence, and in particular the Court of Cassation, has recognized straining as an independent harmful situation, entitling the injured party to compensation for biological, moral, and existential damages. This means that even a single company decision, if unjustly punitive and causing forced stress (such as sudden demotion or physical isolation), can be legally challenged.

The approach of the Bianucci Law Firm in Milan

Facing a lawsuit against one's employer or colleagues requires not only legal expertise but also a delicate and firm strategy. The approach of Avv. Marco Bianucci, an expert lawyer in compensation for workplace damages in Milan, always begins with a thorough analysis of medical and factual documentation. It is not enough, in fact, to complain of distress; it is necessary to prove the causal link between the work environment and the developed pathology.

The Bianucci Law Firm assists clients in gathering the necessary evidence, collaborating with forensic doctors and specialists where required to correctly quantify the biological damage (psychological or physical) suffered. The strategy initially focuses on attempts at out-of-court resolution, aimed at obtaining the cessation of harmful conduct and fair compensation in a timely manner. If this is not possible, the firm is prepared to defend the worker's rights in the appropriate Milanese judicial venues, aiming to obtain full compensation for the material and non-material damages suffered.

Frequently Asked Questions

What evidence is needed to prove straining?

To initiate a compensation claim, it is essential to gather documentary evidence (emails, unjustified warning letters, service orders), testimonies from colleagues and former colleagues, and, above all, medical documentation attesting to the onset of pathologies related to workplace stress (such as anxiety or depression) in conjunction with the harassing events.

What are the risks if I sue the company for straining?

The law protects employees who act to defend their fundamental rights. Retaliatory dismissal, i.e., dismissal issued as a consequence of the employee's legal action, is null and void. Avv. Marco Bianucci will evaluate every aspect of the case to protect the client's employment position during the legal process.

What damages can be compensated?

In cases of proven straining, it is possible to claim compensation for material damages (medical expenses, lost earnings) and non-material damages. The latter includes biological damage (damage to psychophysical integrity certified by a forensic doctor), moral damage (inner suffering), and existential damage (worsening of quality of life).

How much time do I have to claim compensation?

The statute of limitations for compensation for damages arising from contractual liability (violation of art. 2087 of the Civil Code) is generally ten years. However, it is advisable to act promptly to avoid losing valuable evidence and to mitigate health consequences as soon as possible.

Request a case evaluation

If you believe you are a victim of straining or workplace bullying, do not underestimate the consequences on your health. It is essential to act with awareness and with the support of a professional. Contact the Bianucci Law Firm at via Alberto da Giussano 26 in Milan to schedule an initial consultation. Avv. Marco Bianucci will analyze your specific situation to outline the most suitable path for the protection of your rights and compensation for the damages suffered.