Suffering a workplace injury, particularly a crushing injury to the hand or fingers, represents a traumatic event that disrupts personal and professional life. The physical consequences, often characterized by permanent disabling after-effects, are intertwined with deep concern for one's professional and economic future. In these moments of great complexity, fully understanding one's rights is the first fundamental step. As an expert lawyer in compensation for damages in Milan, lawyer Marco Bianucci deals with these delicate situations daily, assisting the worker in the process of obtaining full compensation for the harm suffered, going well beyond the simple basic indemnity provided by law.
Differential Damage: What It Is and How It Works
When a workplace injury occurs, such as the severe crushing of an upper limb due to non-compliant machinery, lack of training, or failure to adopt safety measures, the worker is entitled to INAIL intervention. The Institute provides compensation based on biological damage and standardized financial consequences. However, INAIL coverage almost never fully covers the entire damage actually suffered by the victim. It is in this precise legal context that the fundamental concept of differential damage comes into play.
Differential damage represents the economic difference between full compensation calculated according to civil law criteria and what has already been recognized or paid by INAIL. This additional amount must be claimed directly from the employer, should their responsibility emerge due to a violation of health and safety regulations in the workplace, pursuant to Article 2087 of the Civil Code. This compensation includes crucial elements that INAIL does not cover, such as moral damage, inner suffering, existential damage, and the necessary personalization of biological damage based on the specific daily sacrifices the worker has had to face due to the hand injury.
The Bianucci Law Firm's Approach
Addressing a claim for differential damage requires meticulous analysis and a deep understanding of complex injury and medico-legal dynamics. The approach of lawyer Marco Bianucci, as an expert lawyer in compensation for damages in Milan, focuses first and foremost on accurately reconstructing the dynamics of the accident. The Bianucci Law Firm collaborates with technical consultants and forensic doctors of proven expertise to unequivocally demonstrate the causal link between the employer's organizational shortcomings and the crushing injury to the hand suffered by the employee.
The primary objective is not only to prove the employer's liability but to quantify every single aspect of the damage suffered with absolute precision. The hand is an essential and irreplaceable tool for the vast majority of human activities; therefore, a impairment at this level requires a strictly personalized assessment that takes into account the worker's age, specific profession, required manual dexterity, and lifestyle habits. Lawyer Marco Bianucci is committed to building a solid evidentiary strategy, prioritizing, where possible and concretely advantageous for the client, effective out-of-court negotiation, without ever excluding firm protection of rights in court should the opposing party prove uncooperative.
Frequently Asked Questions
Does INAIL compensation exclude the possibility of claiming other damages from the employer?
Absolutely not. The compensation paid by INAIL is an economic benefit of a social nature, but it does not cover the entire damage provided for by civil law. If the injury, such as a hand crushing, occurred due to the employer's fault or negligence, the worker has the full right to claim differential damage from the employer to obtain complete compensation, including moral damage and the personalization of biological damage.
Within how much time can I claim compensation for differential damage?
The right to claim differential damage from the employer generally expires after ten years if the action is based on contractual liability, i.e., breach of the safety obligation. However, if the act also constitutes a crime, as in the case of serious or very serious negligent personal injury, the civil statute of limitations is extended to align with that provided for criminal offenses. It is, however, always advisable to act promptly to gather and not lose fundamental evidence of the accident's dynamics.
What happens if my employer fires me after my hand injury?
The injured worker enjoys a period of protected absence during which they cannot be dismissed due to absence for illness or injury. If, upon return, physical limitations in the hand prevent them from performing their previous duties, the employer has a specific obligation to seek redeployment within the company in roles compatible with their new health status. A dismissal issued without evaluating and demonstrating the impossibility of these alternatives could be deemed unlawful and therefore challengeable in the appropriate forums.
Protect Your Rights: Request a Case Evaluation
Facing the physical, psychological, and economic consequences of a workplace hand crushing is a journey that requires clarity and highly qualified technical assistance. Do not settle for only standard compensation if you believe there have been negligence in company safety matters. Contact lawyer Marco Bianucci at the Bianucci Law Firm in Milan, at via Alberto da Giussano, 26. During an in-depth consultation, we will carefully analyze the medical documentation and the dynamics of the event to outline the most appropriate strategy for protecting your interests and to provide you with a clear and transparent overview of the legal steps to take.