Protection of Workers in Case of Occupational Illness

Contracting a pathology due to one's work activity is one of the most difficult trials a person can face. It is not just a matter of health, but also of a profound sense of injustice and concern for the future. Understanding one's rights and the procedures to obtain fair compensation is the first fundamental step to protect oneself. As an expert lawyer in damages compensation in Milan, lawyer Marco Bianucci assists workers in this complex journey, providing legal support aimed at asserting their claims and obtaining full recognition of the damages suffered.

The Regulatory Framework: INAIL Indemnity and Damages Compensation

In Italy, the protection of workers who contract an occupational illness is structured on two main levels. The first is the welfare level, managed by INAIL (National Institute for Insurance against Work Accidents), which provides an indemnity for the biological damage suffered. This indemnity is calculated based on predefined tables and does not cover the entirety of the prejudice suffered by the worker. In fact, the illness is often the consequence of the employer's failure or inadequate adoption of safety measures. In these cases, their civil liability emerges.

When the employer's fault is proven, the worker is entitled to request compensation for the so-called 'differential damage'. This is the difference between the total damage suffered (biological, moral, existential, and patrimonial) and what has already been paid by INAIL. Demonstrating the causal link between the work environment and the onset of the pathology, as well as the company's negligence, requires in-depth technical and legal analysis, which forms the core of the compensation action.

The Approach of the Bianucci Law Firm to Worker Protection

The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is based on a meticulous and personalized analysis of each individual case. The first step consists of an in-depth evaluation of the medical documentation and the work context to establish the validity of the claim. The strategy is developed through a clear path: first, the recognition of the occupational illness is pursued with INAIL, a crucial step to obtain initial protection; subsequently, action is taken against the employer for compensation of differential damage, if the conditions are met.

The Bianucci Law Firm collaborates with medico-legal consultants to technically support the claim and precisely quantify each item of damage. The objective is to ensure that the worker not only receives an indemnity but also obtains full and fair compensation, taking into account all the repercussions that the illness has had on their professional, personal, and family life. This path is undertaken with the utmost transparency, explaining each phase of the procedure to the client and defining the most effective strategy together.

Frequently Asked Questions

What is the difference between INAIL indemnity and employer compensation?

INAIL indemnity is an economic benefit provided by the welfare institution to partially cover the biological damage suffered by the worker, regardless of specific employer fault. Compensation, on the other hand, is a sum that the worker can request directly from the employer when it is possible to prove their responsibility (e.g., violation of safety regulations) and it covers all damages not included in the INAIL indemnity, such as moral damage or the entirety of patrimonial damage.

How long do I have to report an occupational illness?

The statute of limitations for claiming recognition from INAIL is three years, which runs from the day the worker became fully aware of the illness, its professional origin, and the degree of disability. It is crucial to act promptly to avoid losing one's rights. For compensation actions against the employer, the terms may vary depending on the nature of their responsibility.

What happens if INAIL does not recognize the occupational illness?

In case of rejection of the claim by INAIL, an administrative appeal can be filed within 60 days. If this also has no positive outcome, legal action can be taken before the Labor Court. Competent legal assistance is essential to correctly manage these opposition procedures and increase the chances of success.

How can it be proven that the illness is caused by work?

Demonstrating the causal link is the key element. It is based on a combination of evidence, including medical documentation attesting to the pathology, medico-legal expert reports linking the illness to the specific duties performed, company documents (such as the Risk Assessment Document), and testimonies from colleagues who can describe the working environment conditions. A solid collection of evidence is indispensable for the successful outcome of the claim.

Request a Case Evaluation in Milan

Undertaking a process for the recognition of an occupational illness requires expertise, strategy, and determination. If you believe you have contracted a pathology due to your work activity and need the support of an expert lawyer in damages compensation in Milan, you can contact the Bianucci Law Firm. Lawyer Marco Bianucci will provide an initial in-depth evaluation of your situation to outline the possible legal actions and effectively defend your rights.