Cass. civ., Sec. III, Ord. no. 28458/2024: Recognition of the Causal Link between Work and Occupational Disease

The Court of Cassation, with order no. 28458 of November 5, 2024, addressed a crucial case concerning companies' liability for occupational diseases linked to asbestos exposure. The central issue was the causal link between work activity and a worker's death due to lung cancer. This article will explore the details of the ruling and its implications for workers' rights and companies' responsibilities.

The Case Under Review

The appeal filed by A.A. and B.B. concerned the claim for compensation for the death of their relative C.C., who was exposed to asbestos during his working career. Although INAIL (the Italian National Institute for Insurance against Accidents at Work) had recognized the occupational origin of the pathology, the Court of Appeal of Venice had rejected the claim based on the absence of a certain causal link between the disease and asbestos exposure. The Court, in fact, excluded that the tumor was a pleural mesothelioma, deeming the cause of the disease uncertain.

Having ascertained the presence of one of the risk factors, the existence of a causal link between that risk factor and the disease, and therefore the death, must be affirmed, even if possibly in terms of co-causality.

Arguments of the Court of Cassation

The Court of Cassation upheld the appeal, criticizing the Court of Appeal's decision for not adequately considering the totality of the evidence and the work context. It emphasized that the exclusion of mesothelioma does not automatically imply the absence of a causal link. The Court recalled the principle of equivalence of causes provided for by art. 41 of the Italian Penal Code, highlighting that even without a specific diagnosis of mesothelioma, the correlation between asbestos exposure and lung disease could be demonstrated through the "more probable than not" criterion.

• Recognition of the occupational risk linked to asbestos.
• Importance of proving the work context.
• Practical application of the principle of equivalence of causes.

Implications for Workers and Companies

This ruling represents a significant step forward in protecting the rights of workers exposed to occupational risks. It clarifies that the causal link does not need to be proven with absolute certainty but rather through a comprehensive assessment of the circumstances. Companies must be aware of their responsibilities in protecting workers and adopting adequate preventive measures.

Conclusions

In conclusion, order no. 28458/2024 of the Court of Cassation reiterates the importance of a comprehensive approach in analyzing cases of occupational disease. The ruling not only reaffirms workers' rights but also provides an important precedent for future disputes related to exposure to risk factors in the workplace. Companies must therefore pay attention to these aspects to avoid liability and ensure the safety of their employees.