Workplace accident: an analysis of the situation

An accident on a construction site represents a traumatic event with profound repercussions on the life of the worker and their family. In addition to the physical and psychological consequences, complex legal issues arise concerning the ascertainment of responsibilities and the quantification of damages suffered. In these circumstances, navigating the procedures to obtain fair compensation can be a difficult path full of obstacles. The assistance of an experienced personal injury lawyer in Milan, such as Attorney Marco Bianucci, becomes fundamental to ensure the full protection of one's rights and to obtain full compensation for the harm suffered.

The regulatory framework for accidents on construction sites

Italian legislation, particularly the Consolidated Law on Health and Safety at Work (Legislative Decree 81/2008), establishes precise prevention and protection obligations for various professional figures operating on construction sites. The employer's responsibility is central, but it can coincide with that of the client, the work supervisor, or the safety coordinator. An accident is often the consequence of a violation of these norms, and it is precisely from the analysis of such non-compliance that the action for compensation is based. It is important to understand the distinction between the indemnity paid by INAIL, which covers a part of the biological damage, and full compensation, which is due to the victim when the accident is attributable to someone else's fault.

The concept of Differential Damage

INAIL compensates the injured worker according to predefined parameters, but this benefit does not cover the totality of the damages. The worker is, in fact, entitled to claim from the responsible party the so-called differential damage. This includes all damage items not covered by the social security institution, such as the difference between the actual biological damage and that settled by INAIL, moral damage (inner suffering), and existential damage (the disruption of life habits). Obtaining compensation for differential damage is crucial to seeing the suffered harm fully redressed.

The approach of Bianucci Law Firm

The approach of Attorney Marco Bianucci, a lawyer with consolidated experience in personal injury compensation in Milan, is based on a meticulous and strategic analysis of the case. The first step consists of a detailed reconstruction of the accident dynamics, through the acquisition of reports, testimonies, and technical appraisals, in order to accurately identify all responsibilities. Subsequently, the firm utilizes trusted medico-legal consultants for a precise quantification of each individual damage item, both patrimonial (medical expenses, loss of earning capacity) and non-patrimonial. The objective is always to pursue the most effective path for the client, favoring, where possible, an out-of-court settlement with insurance companies, but ready to undertake legal action to ensure fair compensation in court.

Frequently Asked Questions

Who is responsible for a construction site accident?

Responsibility for a construction site accident can be attributed to multiple parties. Primarily to the employer, for violating safety obligations. However, depending on the case, the client, the site manager, the safety coordinator, and even the manufacturer of a defective machine can also be held responsible. A thorough legal analysis is necessary to correctly identify all responsible parties and take action against them.

What does INAIL compensation cover and what more can I claim?

INAIL provides an indemnity that partially covers biological damage (damage to psychophysical integrity) and loss of earning capacity. However, it does not cover important items such as subjective moral damage (suffering endured) or existential damage. The worker can claim compensation for these items from the civilly liable party, in addition to the difference between the total biological damage and what has already been settled by INAIL. This claim constitutes the so-called differential damage.

What are the deadlines for claiming damages?

Statutory limitation periods vary depending on the nature of the liability. Generally, an action against the employer prescribes in ten years, as it involves contractual liability. An action against other liable third parties, however, prescribes in five years. If the injury also constitutes a crime (e.g., negligent injury), the limitation periods are longer and coincide with those provided for the crime itself. In any case, it is crucial to act promptly.

How is compensation for a workplace accident calculated?

The calculation is a complex process based on a medico-legal assessment, which establishes the percentage of permanent disability and the days of temporary inability. For the liquidation of non-pecuniary damage, reference is made to specific tables, such as those elaborated by the Court of Milan, which provide a monetary value for each point of disability, taking into account the victim's age. To this are added items of pecuniary damage, such as medical expenses incurred and future loss of income.

Contact the Firm for an Assessment of Your Case

We understand the sensitivity and complexity that a workplace accident entails. If you or a family member have been the victim of an accident on a construction site, it is essential to act with the support of competent legal guidance to avoid compromising your rights. Attorney Marco Bianucci is available to analyze your situation and illustrate the concrete actions to take to protect your interests.

Contact Bianucci Law Firm in Milan for a preliminary assessment of your case. A thorough analysis is the first step to building an effective strategy aimed at obtaining the fair and full compensation you are entitled to.