The Complexity of Factory Accidents and Worker Protection
Suffering a serious injury such as a hand crushing during a shift in a factory or workshop is a traumatic event that disrupts personal and professional life. Beyond physical pain and a long rehabilitation process, immediate concerns arise about one's future employment and the protection of one's rights. In these delicate moments, understanding the correct steps to take is crucial to avoid compromising the possibility of obtaining fair compensation. As an expert lawyer for damages compensation in Milan, lawyer Marco Bianucci deeply understands the complex dynamics following a workplace accident and the importance of acting promptly to protect the position of the injured worker.
The Regulatory Framework: INAIL and Employer Liability
In the Italian legal system, the protection of workers who are victims of workplace accidents is structured on two main levels. The first level is guaranteed by INAIL, the National Institute for Insurance against Accidents at Work. Following the reporting of the accident, INAIL intervenes by providing economic compensation that covers biological damage and patrimonial consequences related to temporary or permanent disability. However, the coverage offered by the social security institution is standardized and often does not fully cover the prejudice suffered by the worker, especially in cases of serious and disabling injuries like the crushing of a limb, which significantly compromise manual dexterity and daily life.
The second level of protection comes into play when the accident occurs due to a violation of workplace safety regulations by the company. In these circumstances, the worker has the right to claim so-called differential damages directly from the employer. This compensation aims to cover the difference between the actual damage suffered, calculated according to civil law criteria, and what has already been compensated by INAIL. Differential damages include fundamental items such as moral damages, inner suffering, and existential damages, meaning the disruption of life habits that a hand impairment inevitably entails.
The Bianucci Law Firm's Approach to Accident Management
Handling a claim against one's employer requires not only technical expertise but also deep sensitivity to the vulnerable position in which the employee finds themselves. The approach of lawyer Marco Bianucci, an expert lawyer for damages compensation in Milan, is based on a rigorous and personalized analysis of each individual case. The first step involves the meticulous acquisition and study of all medical documentation, reports drawn up by the competent authorities who intervened at the scene of the accident, and testimonies from colleagues present at the time of the incident.
The primary objective of the Bianucci Law Firm is to unequivocally ascertain the dynamics of the event and any company shortcomings in safety matters, such as the absence of machine guards, lack of staff training, or unsustainable work pace. Through collaboration with trusted forensic doctors and technical experts, the firm builds a solid body of evidence aimed at quantifying the exact amount of differential damages. The preferred strategy always aims, where possible, to reach a satisfactory out-of-court settlement, reducing time and stress for the client, while maintaining full readiness to proceed in court if the worker's rights are not adequately recognized.
Frequently Asked Questions
What should I do immediately after crushing my hand in the factory?
The absolute priority is to receive adequate medical care by going to the Emergency Room immediately, clearly stating to the doctors that it is an accident that occurred at the workplace. At the same time, it is essential to immediately inform the employer or the shift supervisor so that they can proceed with reporting the accident to INAIL within the legal deadlines. Keeping all medical reports and certificates of extended sick leave is essential for the subsequent compensation claim.
If I receive INAIL compensation, can I still claim damages from the company?
Yes, you can claim further compensation from the company if the accident was caused by the failure to adopt the safety measures required by current regulations. This additional amount is called differential damages. INAIL compensation, in fact, does not cover all the damage categories provided for by the civil code, such as moral damages and repercussions on social life, which can and must be claimed directly from the responsible employer.
How much does it cost to start a claim for differential damages?
The costs related to initiating and managing a legal case depend on numerous factors specific to the individual case, such as the complexity of the accident dynamics, the need to appoint technical experts or forensic doctors, and the possibility of having to initiate litigation in court. During the first consultation, lawyer Marco Bianucci will analyze the situation in detail and provide a clear and transparent overview of the expected financial commitment, evaluating the best options to protect the client without surprises.
Protect Your Rights After an Injury: Contact the Firm
Suffering a disabling injury at work requires qualified legal support to ensure that no aspect of the damage suffered is overlooked. It is crucial to act promptly to gather the necessary evidence and initiate the correct damage claim procedures. Contact lawyer Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, to book an initial consultation. We will discuss the details of your case together to define the most effective strategy aimed at obtaining the fair compensation you are entitled to.