Judgment of the Court of Milan no. 4829/2022: Recognition of Survivor's Pension for COVID-19 Injury
The Court of Milan, with its judgment of March 8, 2023, addressed a crucial issue concerning the recognition of survivor's pension in the event of death due to COVID-19 contracted during work activities. This ruling represents a significant step forward in protecting workers' rights, especially in a delicate period like the pandemic.
The Case Under Review
The lawsuit was filed by R. against INAIL to obtain a pension for the survivors of his wife, who died due to COVID-19. The Court had to ascertain whether there was a causal link between the illness contracted and the woman's work, as a judicial assistant.
The Judge deems it appropriate to share the conclusions of the court-appointed expert, given the completeness of the examination conducted and taking into account the scientific findings that support them.
Testimonies and technical consultancy highlighted that the worker performed her duties in a crowded environment, without adequate protective measures, contributing to demonstrating the possibility of contagion in the workplace.
Evidence and Conclusions
The court-appointed expert confirmed that Ms. A.'s work conditions constituted a high risk of contagion, arguing that contagion was more likely to have occurred in the workplace rather than in the family environment. Testimonial and documentary evidence supported the existence of a causal link between work and death, thus leading the Judge to grant the appeal.
- Recognition of survivor's pension
- Indemnity for COVID-19 injury
- Importance of workplace safety
Conclusions
This judgment underscores the importance of ensuring the protection of workers' rights, especially in situations of health emergencies. The recognition of survivor's pension represents a strong signal from the Italian legal system, which is committed to protecting those who, due to their profession, have suffered the most severe consequences of the pandemic. The decision of the Court of Milan not only offers justice to the victim's family but also emphasizes the need for adequate safety measures in workplaces to prevent similar situations in the future.
