Workplace Injury: When INAIL Compensation Isn't Enough

Suffering a workplace injury is a profoundly difficult experience, impacting not only physical health but also psychological balance and economic stability. In these circumstances, INAIL's intervention represents a first and fundamental support. However, the compensation disbursed by the institute often does not cover the entirety of the damage suffered, leaving the worker with residual, uncompensated harm. Understanding if and how it's possible to obtain full compensation is a right. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists workers to ensure they obtain the just compensation for every aspect of the damage suffered.

Differential Damage: What It Is and When It Applies

When a workplace injury is caused by a violation of safety regulations by the employer, the possibility of claiming so-called differential damage arises. This is the difference between the full compensation for the damage suffered by the worker and what has already been paid by INAIL. The institute, in fact, compensates biological damage according to specific tables but does not cover other damage categories, such as moral damage or customizations related to the specificity of the case. The claim for differential damage is based on the employer's civil liability, who, pursuant to art. 2087 of the Civil Code, is obliged to adopt all necessary measures to protect the physical integrity and moral personality of employees.

Compensable Damage Categories

The compensation for differential damage aims to cover all those components of harm that INAIL compensation does not consider. These may include a more complete assessment of biological damage, taking into account the real repercussions on the person's daily life; moral damage, understood as inner suffering and distress; existential damage, meaning the disruption of life habits and relational activities; and further patrimonial damages, such as the loss of future professional opportunities or the need to incur uncovered medical expenses.

The Approach of Studio Legale Bianucci in Milan

Addressing a claim for differential damage requires extremely accurate technical and legal analysis. The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a meticulous analysis of the injury's dynamics and the collection of all necessary evidence to demonstrate the employer's liability. The firm utilizes medical-legal and technical consultants to precisely quantify each damage category, building a solid and personalized legal strategy. The goal is to ensure that the worker not only receives what they are owed but also feels supported and understood throughout the entire legal process.

Frequently Asked Questions

Can I claim compensation from my employer even if I have already received INAIL compensation?

Yes, you can. Having received INAIL compensation does not preclude the possibility of taking civil action against the employer, provided that their responsibility in causing the injury can be demonstrated. The legal action will aim to claim differential damage, i.e., the portion of damage not covered by the institute's compensation.

What evidence is needed to prove the employer's fault?

Proving the employer's liability is the core of the compensation claim. Evidence can be of various types: testimonies from colleagues, company documentation such as the Risk Assessment Document (DVR), technical expert reports ascertaining the non-compliance of machinery or procedures, and reports from inspection bodies. An experienced lawyer will know how to strategically collect and use this evidence.

How long do I have to claim differential damage compensation?

The right to compensation for damage arising from the employer's contractual liability generally expires ten years from the date of the injury. However, it is crucial to act promptly to avoid compromising the ability to gather effective evidence and to initiate the path towards fair compensation as soon as possible.

Contact an Expert Lawyer for Your Case in Milan

Obtaining fair compensation for a workplace injury is a complex process that requires expertise and determination. If you believe that the compensation received from INAIL is not sufficient to cover the damage you have suffered, it is essential to have your situation assessed by a professional. Contact Studio Legale Bianucci for an in-depth analysis of your case. Avv. Marco Bianucci and his team in Milan are at your disposal to assist you in the process aimed at obtaining full recognition of your rights.