Prescription and Liability in Damage Compensation: the ruling of the Court of Cassation no. 20327 of 2023
The recent ruling of the Court of Cassation no. 20327 of July 14, 2023, offers important insights regarding the employer's liability in case of workplace injuries and the prescription of the right to compensation for damages. The case in question involves a worker, A.A., who requested compensation for biological damages due to occupational diseases arising from working conditions, highlighting the violation of safety regulations.
The Context of the Ruling
In this case, A.A. claimed to have suffered damages due to the failure to adopt adequate safety measures by his employer, E-DISTRIBUZIONE Spa. The Court of Frosinone accepted his request, confirmed by the Court of Appeal of Rome, which highlighted the employer's liability for failing to ensure safe working conditions and for not carrying out the necessary health surveillance.
The Court reiterated that the right to compensation for damages to the worker's health begins from the moment the damage manifests and not from the termination of the employment relationship.
Established Legal Principles
The Court of Cassation emphasized several fundamental principles regarding the employer's liability:
- The employer has the obligation to adopt all necessary measures to ensure the safety of workers, as established by Article 2087 of the Civil Code.
- Liability for damages resulting from violations of safety regulations is objective, meaning that it is not necessary to prove the employer's fault.
- The prescription of the right to compensation begins from the moment the damage manifests, not from the termination of the employment contract.
Conclusions
The ruling no. 20327 of 2023 of the Court of Cassation represents an important step forward in protecting workers' rights, reaffirming that the employer's responsibility is crucial for ensuring workplace safety. It also highlights the need for adequate health surveillance and preventive measures. The clarity with which the Court addressed the issue of prescription is crucial for workers who may find themselves in similar situations. Therefore, it is essential for employers to comply with current regulations to avoid legal consequences and ensure a safe and healthy work environment.
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