Protection of the Injured Worker's Rights
Suffering a workplace injury is a traumatic event that impacts not only the physical health but also the economic stability and personal peace of mind of the worker and their family. Often, those in this difficult situation mistakenly believe that the compensation paid by INAIL is the only form of redress provided by law. However, Italian legislation offers much broader protections, allowing the worker to obtain full compensation for all damages suffered if the employer is at fault. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists workers in the complex process of ascertaining the truth of the facts and correctly quantifying the damages incurred.
Beyond INAIL: The Concept of Differential Damages
It is essential to understand the distinction between social security benefits and civil compensation. INAIL provides an automatic economic benefit that covers biological damage and loss of earning capacity, but it does not compensate for all categories of damage. There is, in fact, what is known as differential damages, which is the quantitative difference between the compensation that would be due according to civil law and what has already been paid by the insurance institution. This additional sum aims to cover categories excluded by INAIL, such as moral damages, existential damages, temporary biological damages, and privately incurred medical expenses.
Employer's Liability
To obtain compensation for differential damages, it is necessary to prove the employer's liability in causing the event. Article 2087 of the Italian Civil Code requires employers to adopt all necessary measures to protect the physical integrity and moral personality of their employees. When an injury occurs due to the failure to adopt safety devices, inadequate training, or defective machinery, the path is opened for a civil action. A lawyer expert in workplace injuries knows how to analyze company documentation and the reports of supervisory bodies to highlight any negligence.
The Bianucci Law Firm's Approach
Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, approaches every workplace injury case with a rigorous and analytical method. The firm's strategy is not limited to simply claiming damages but begins with a meticulous reconstruction of the accident's dynamics. By collaborating with trusted forensic doctors and technical consultants, the firm assesses the actual extent of the injuries and their impact on the client's daily and working life. The goal is to build a solid case that allows for negotiation with the employer's insurance companies from a position of strength or, if necessary, to competently and determinedly advocate for the client's rights in court.
Frequently Asked Questions
Does INAIL compensation exclude the possibility of claiming damages from the company?
No, INAIL compensation does not preclude the possibility of taking action against the employer. If the injury was caused by a violation of safety regulations or corporate negligence, the worker is entitled to claim so-called differential damages, which supplement the sums already received from the social security institution to ensure full compensation.
What happens if the injury was also partly my fault?
Even in the presence of a potential contributory negligence by the worker, the right to compensation is not automatically lost. Case law recognizes that, often, imprudent behavior by the worker can be induced by incorrect company practices or excessive work rhythms. An in-depth legal analysis is precisely aimed at establishing the exact percentages of responsibility.
How long do I have to claim damages?
The statute of limitations varies depending on whether a crime (such as negligent injury) is constituted or not. In civil matters, the ordinary term for contractual liability is ten years, while for non-contractual liability it is five years. However, it is crucial to act promptly to gather fresh evidence and testimonies, which are essential for the outcome of the case.
How are differential damages calculated?
The calculation is a complex technical operation that requires specific expertise. It begins with quantifying the total civil damages (biological, moral, existential, patrimonial) according to the tables of the Court of Milan, and then subtracting what INAIL has paid for similar categories. The assistance of Avv. Marco Bianucci is fundamental to ensure that no category of damage is overlooked in the calculation.
Request an Assessment of Your Case
If you have been a victim of a workplace injury in Milan and believe that safety regulations have not been respected, it is important to fully understand your rights. Avv. Marco Bianucci is available for an initial consultation, during which the dynamics of the event will be analyzed and the feasibility of a claim for differential damages will be assessed. Contact the firm to receive professional legal assistance that is attentive to your needs.