Being subjected to an assault at work is a traumatic experience that harms not only the physical integrity but also the dignity and psychological well-being of the worker. When this event occurs due to insufficient vigilance or inadequate security measures by the company, Italian law provides specific protections. In these delicate moments, it is crucial to understand your rights. Lawyer Marco Bianucci, an expert in damages compensation in Milan, assists workers to ensure that all responsibilities are ascertained and that fair compensation for the suffered damages is recognized.
The Employer's Duty of Safety
The Italian legal system, particularly through Article 2087 of the Civil Code, imposes a precise obligation on the employer: to protect the physical integrity and moral personality of employees. This means that the company must not limit itself to providing the tools to perform the job, but must adopt all necessary measures, according to the specific nature of the work, experience, and technology, to prevent accidents and assaults. If an employee suffers physical or verbal violence from colleagues, superiors, clients, or third parties, and it is proven that the company has not implemented adequate prevention or vigilance measures, a specific civil liability arises.
What Damages Can Be Compensated?
In case of an assault linked to security deficiencies, the worker is entitled to claim compensation for various types of damages. In addition to INAIL (National Institute for Insurance against Accidents at Work) compensation for the work accident, it is possible to claim for so-called differential damages. This includes biological damage, for temporary and permanent physical and psychological injuries, moral damage, for the inner suffering endured, and patrimonial damage, arising from medical expenses incurred and potential loss of earning capacity. Proving the causal link between the employer's omission and the assault is the key step to obtaining justice.
The Bianucci Law Firm's Approach
Facing a lawsuit for injury and compensation against one's employer requires extreme sensitivity and a deep understanding of the subject matter. The approach of Lawyer Marco Bianucci, as an expert in damages compensation in Milan, is based on a rigorous and personalized analysis of each individual case. The Bianucci Law Firm is committed to meticulously reconstructing the facts, collecting testimonies, reports, medical records, and verifying company safety protocols, or their absence.
The primary objective is to protect the worker at every stage, from attempts at out-of-court settlement to potential litigation in court. Lawyer Marco Bianucci works to clearly highlight the company's organizational shortcomings, ensuring that the client is not left alone in the face of such a destabilizing event. Every strategy is shared with transparency, always focusing on the well-being and restoration of the dignity of the victim.
Frequently Asked Questions
What should I do immediately after an assault at work?
The first priority is health. Go to the Emergency Room immediately to receive the necessary care, specifying that the event occurred at work. Subsequently, it is essential to report the incident to the Law Enforcement agencies and promptly inform the employer so that they can initiate the INAIL accident claim. Keep all medical reports and, if possible, collect the contact details of any witnesses present at the time of the incident.
Is the company always responsible if I am assaulted by a customer?
Not automatically. The company is held responsible if it can be proven that the assault was foreseeable and preventable, and that the employer did not adopt adequate security measures to protect employees. For example, if you work in a high-risk environment, such as a security guard, healthcare worker, or cashier, and the company has not installed alarm systems, cameras, or has not ensured the presence of security personnel, there are strong grounds to claim compensation.
How much does it cost to initiate a lawsuit for damages?
The costs of legal proceedings depend on numerous factors specific to the individual case, such as the complexity of the matter, the need for medical-legal consultations, and the stages of the procedure, whether out-of-court or judicial. During the initial consultation, lawyer Marco Bianucci will analyze the situation in detail and provide a clear, transparent, and personalized overview of the expected financial commitment, allowing you to make an informed decision on how to proceed.
Can I be fired if I claim damages from the company?
The law protects workers from retaliatory dismissals. Claiming legitimate compensation for damages suffered due to company negligence is your inalienable right. Should the employer take retaliatory action or proceed with an unjustified dismissal following your claim for damages, such an act would be considered null or voidable, giving rise to further legal and compensatory protections.
Protect Your Rights: Request Legal Consultation
If you have been the victim of an assault at work and believe there were deficiencies in the security measures, do not face this difficult situation alone. It is crucial to act promptly to gather evidence and assert your rights. Contact lawyer Marco Bianucci at the Bianucci Law Firm at via Alberto da Giussano, 26 in Milan. Book an initial consultation to thoroughly analyze your situation, assess company responsibilities, and define the most effective strategy to obtain the compensation you are entitled to.