Understanding and Acting: The Right to Compensation

Experiencing a situation of systematic hostility in the workplace, known as mobbing, or suffering unsustainable psychophysical stress due to working conditions, represents a profound violation of an individual's rights. These experiences not only undermine psychological well-being but can also compromise one's career and private life. Italian law protects workers, recognizing their right to operate in a healthy and safe environment and providing for the possibility of obtaining compensation for damages suffered. Navigating a legal process under these circumstances requires clarity and the support of competent guidance. As an expert lawyer in damages compensation in Milan, attorney Marco Bianucci supports workers who have suffered an injustice, providing the necessary assistance to assert their rights.

The Regulatory Framework: Mobbing and Work-Related Stress

The mobbing is not defined by a single law, but is a concept developed by jurisprudence. It is configured as a set of persecutory, systematic, and prolonged behaviors, carried out by the employer or colleagues, with the aim of isolating and marginalizing the worker. To be recognized, mobbing must exhibit precise characteristics: a series of hostile acts, a significant duration, a persecutory intent, and harm to the victim's health or professionalism. Work-related stress, on the other hand, is a condition that can arise from inadequate work organization, such as excessive workloads or lack of autonomy, and falls under the violation of the employer's duty of protection established by Article 2087 of the Civil Code.

The right to compensation is based precisely on the employer's responsibility, who is obliged to protect the physical integrity and moral personality of the worker. Compensable damages can be of different natures. Biological damage refers to the injury to psychophysical integrity, ascertained by a forensic doctor. Moral damage pertains to the inner suffering and distress endured. Finally, professional damage or dequalification occurs when the worker is deprived of their duties, marginalized, or forced into inactivity, resulting in the impoverishment of their skills and professional image.

The Approach of Bianucci Law Firm

Obtaining fair compensation requires a precise legal strategy based on solid evidence. The approach of attorney Marco Bianucci, an expert lawyer in damages compensation in Milan, focuses on a rigorous preliminary analysis to evaluate the existence of the constitutive elements of mobbing or work-related stress. The first phase is dedicated to collecting and organizing all available evidence: written communications, testimonies from colleagues, medical certificates, medico-legal reports, and any other document that can attest to the unlawful conduct and the causal link with the damage suffered.

Once the evidentiary framework is consolidated, the strategy is oriented towards the most effective solution for the client. Where possible, the path of out-of-court negotiation with the company is explored, to reach a settlement agreement quickly and with less emotional stress for the client. Should this path not be feasible or advantageous, legal action is pursued, filing an appeal with the Labor Court to request the ascertainment of the employer's responsibility and the condemnation to compensate for all damages suffered. The goal is always to fully protect the dignity and rights of the worker.

Frequently Asked Questions

How can I prove I am a victim of mobbing?

Proof of mobbing is complex and requires the collection of concrete and convergent elements. It is essential to document every hostile episode, keeping emails, messages, demoting service orders, or meeting minutes. Testimonies from former colleagues or people aware of the facts are crucial. Furthermore, it is essential to obtain medical certificates that attest to the link between the condition of psychophysical suffering and the work environment, supported by a medico-legal report.

What types of damages can I claim for work-related stress?

For work-related stress, it is possible to claim compensation for non-pecuniary damage, which includes biological damage, if there is a medically ascertainable psychophysical injury, moral damage, i.e., subjective suffering, and existential damage, meaning the worsening of the quality of life. To these, pecuniary damage can be added, such as medical expenses incurred or loss of professional opportunities.

How long do I have to take legal action against my employer?

Statute of limitations vary depending on the nature of the liability. Generally, for the contractual liability of the employer, the limitation period for claiming damages is ten years. For biological damage, if the conduct also constitutes a crime, the terms can be longer. However, it is advisable to act as soon as possible to avoid scattering evidence and to effectively protect one's rights.

What is meant by professional dequalification damage?

Professional dequalification damage occurs when a worker is systematically deprived of the duties for which they were hired, assigned to inferior tasks, or left in a state of forced inactivity. This conduct harms the employee's professionalism, impoverishing their skills and damaging their image and future career opportunities. Compensation aims to compensate for both the loss of professionalism and the consequent damage to personal and professional identity.

Request an Evaluation of Your Case in Milan

If you believe you are a victim of mobbing, work-related stress, or professional dequalification, it is crucial to understand your rights and the legal actions you can take. Facing these situations without adequate assistance can be complex and frustrating. Attorney Marco Bianucci offers consultation in Milan to analyze your specific situation, evaluate the existence of the prerequisites for a compensation claim, and define the most appropriate strategy. Contact Bianucci Law Firm for a preliminary evaluation of your case and to receive targeted legal support to protect your professional dignity and well-being.