Responsibility of Inail: The Judgment No. 26620/2024 of the Court of Cassation and the Rights of Workers Exposed to Asbestos
The judgment no. 26620 of October 14, 2024, of the Court of Cassation has brought to light crucial aspects regarding the responsibility of Inail concerning the certification of exposure to asbestos. This ruling is particularly relevant for workers who, like A.A., face complex situations related to their social security and accurate information from public entities.
The Case of A.A. and the Implications of the Judgment
A.A. had requested and obtained a certification of exposure to asbestos from Inail, essential for accessing pension benefits. However, later on, Inail revoked this certification, leading to the rejection of the pension application by Inps. A.A. then appealed, seeking justice for the revocation that negatively impacted his economic and work situation.
The responsibility of the public administration for the damage arising from the breach of reliance on the correctness of administrative action is contractual in nature.
Legal Principles and Regulatory References
The Court of Cassation reiterated that the responsibility of Inail, arising from the issuance of an incorrect certification, falls within the category of contractual liability. This is a fundamental point, as it implies that Inail not only must ensure the accuracy of the information provided but also respect the reliance placed by workers. Jurisprudence has clarified that, in similar cases, the social security entity is required to compensate for damages resulting from errors in certification.
- Contractual liability is expressed by art. 1218 of the civil code, which establishes the obligation for compensation for non-performance.
- The legislator has attributed significant value to the certification of Inail regarding pension benefits for exposure to asbestos.
- The information provided by public entities must be accurate so as not to frustrate the legitimate expectations of citizens.
Conclusions
The judgment no. 26620/2024 represents an important step forward in the protection of the rights of workers exposed to asbestos. It emphasizes the need for Inail to manage with care and responsibility the certifications issued, so that workers can rely on them for their retirement decisions. The importance of a properly functioning social security system cannot be underestimated, as it directly affects the lives of those who have dedicated years to work in risky conditions.
