Analysis of Judgment Cass. civ., Labor Section, Ord. no. 36841 of 2022: Compensation for Damages for Occupational Diseases

In the recent ordinance no. 36841 of December 15, 2022, the Court of Cassation ruled on a case concerning compensation for damages for occupational diseases, specifically pleural mesothelioma, and the methods for quantifying non-pecuniary damages. This ruling is of great importance as it clarifies several aspects of jurisprudence regarding employer liability and the protection of heirs' rights.

Context and Proceedings

The case at hand involves Ansaldo Energia Spa, ordered to compensate the heirs of an employee who died from an occupational disease. The Court of Appeal of Genoa had initially awarded compensation exceeding 600,000 euros, a sum later reduced by the Cassation Court to approximately 79,000 euros for damages iure hereditatis. The heirs and the company subsequently filed appeals with the Court of Cassation, contesting various aspects of the judgment.

The appealed judgment is therefore in contrast with the legal principles enunciated, as it does not take into account the liquidation criterion identified by this Court of Cassation.

Fundamental Principles of the Judgment

The Court examined several aspects related to damage assessment criteria, highlighting two fundamental components:

• Terminal Biological Damage: consisting of the physical suffering endured by the victim before death.
• Catastrophic Damage: concerning the psychological suffering experienced by the victim, aware of their terminal condition.

The Court of Cassation reiterated that, in cases of non-immediate death, it is essential to separately quantify these two components, applying equitable criteria and liquidation tables already consolidated by jurisprudence, such as those of the Court of Milan.

Implications of the Judgment

This ruling has significant implications for future cases of occupational diseases. The recognition of catastrophic damage, for example, represents a step forward in protecting the rights of workers and their families, as it considers not only the physical impact of the disease but also its psychological consequences.

Furthermore, the judgment clarifies that the employer's duty of prevention does not imply strict liability, but still requires careful assessment of the safety measures adopted and their adequacy.

Conclusions

In conclusion, the judgment of the Court of Cassation no. 36841 of 2022 offers an important reflection on damage compensation in cases of occupational diseases and underscores the need for an equitable assessment that considers the various facets of the damage suffered by the victim. This jurisprudential trend could significantly influence legal practice regarding compensation for non-pecuniary damages, promoting greater fairness and protection for victims and their families.