Occupational Risk and Employer Liability: Reflections on Judgment No. 9120 of 2024
The recent ruling of the Supreme Court of Cassation, No. 9120 of 2024, provides an important opportunity to reflect on the dynamics of liability in the event of workplace injuries. The central issue concerns the employer's obligation to ensure the safety of their employees and the methods of proof in case of injury disputes.
The Case and Judicial Decisions
The case in question involves A. A., a driver who suffered an injury while refueling. The claim for damages was initially accepted by the first-instance court, but the Court of Appeal of Naples subsequently rejected the request, deeming the testimonial evidence insufficient and attributing responsibility to the worker himself for negligence. However, the Court of Cassation upheld A. A.'s appeal, emphasizing the importance of Article 2087 of the Civil Code, which imposes on the employer the duty to ensure safety in the workplace.
The Court reiterated that the employer's duty of safety is a cornerstone principle of labor law and cannot be overlooked.
Legal Principles and Duty of Safety
The Court of Cassation clarified that Article 2087 of the Civil Code establishes a general duty to protect the physical integrity and moral personality of the worker, requiring the employer to adopt all necessary measures. It is essential that the worker, in the event of a damage claim, demonstrates the causal link between the employer's failure and the harm suffered. However, it is not necessary to identify specific violated regulations; it is sufficient to demonstrate the existence of dangerous conditions in the workplace.
Implications and Conclusions
The decision of the Cassation has significant implications for employers, who must be aware that the responsibility for workplace injuries lies with them, unless the abnormality of the worker's conduct can be proven. Therefore, it is crucial for companies to implement adequate safety measures and training for employees. Judgment No. 9120 of 2024 not only reaffirms the rights of workers but also underscores the need for a safety culture within companies.
Conclusions
In conclusion, the ruling of the Court of Cassation serves as an important reminder for companies regarding workplace safety. Employers are required to ensure a safe working environment and to prevent injuries, and the case law clarifies that the responsibility in the event of an injury primarily rests with them. It is essential that companies invest in effective safety measures and employee training to minimize risks and promote a healthy work environment.
