Cass. civ. Sez. lavoro, Ord. n. 27571/2024: Compensation for damages due to exposure to harmful substances at work
The Court of Cassation, with order no. 27571 of October 24, 2024, addressed a case of compensation for damages related to occupational diseases, confirming the employer's responsibilities in a context of exposure to harmful substances. This case highlights the importance of adequate assessment of causality and working conditions to ensure the protection of workers' rights.
The context of the ruling
The case involved FINTECNA Spa, condemned by the Court of Appeal of Lecce to compensate the heirs of a worker who died from lung cancer due to exposure to harmful substances, particularly asbestos, during his period of employment. The Court emphasized how INAIL had recognized the illness as occupational, granting a pension to the worker, and that there was clear responsibility on the part of the employer to ensure a safe working environment.
The contested ruling is in line with the established case law that, in matters of workplace accidents and occupational diseases, applies the rule contained in art. 41 of the Penal Code, whereby the causal relationship between event and damage is governed by the principle of equivalence of conditions.
The legal implications
The principle of equivalence of conditions, invoked by the Court, establishes that every factor contributing to the harmful event must be considered, unless it is demonstrated that another factor alone is sufficient to cause the event. In this case, the idea that smoking could interrupt the causal link with asbestos exposure was not accepted, highlighting the importance of concrete evidence to establish a clear and irrefutable causal connection.
Conclusions
The decision of the Court of Cassation represents an important precedent in Italian case law concerning occupational diseases and employer liability. It reaffirms that it is essential to ensure a safe working environment and that responsibility for work-related illnesses cannot be overlooked. Companies must adopt all necessary safety measures to protect their employees, and in the event of violations, workers are entitled to adequate compensation.
