Supreme Court ruling no. 28429/2024: Journey Accident and the Concept of Work Activity
The recent intervention of the Supreme Court, with order no. 28429 of November 5, 2024, provides important clarifications regarding the qualification of work-related accidents, particularly concerning the notion of journey accident. The ruling fits into a legal context where the distinction between work activity and commuting to work is crucial for the protection of workers' rights.
The Case of A.A. and Inail
The appellant, A.A., had his request for recognition of the compensable nature of the accident he sustained during a journey that, according to him, fell within the scope of work activities, rejected. However, the Court of Appeal of Trieste did not recognize this compensability, leading A.A. to appeal to the Supreme Court.
The time taken to reach the workplace is considered part of the actual work activity when the journey is functional to the performance.
Legal Principles and Reflections
The Supreme Court upheld A.A.'s appeal, emphasizing that the Court of Appeal had failed to consider the functionality of the route. According to jurisprudence, the journey to the workplace is compensable if linked to work activity in the strict sense. It is essential, therefore, to analyze the context in which the accident occurs:
- Whether the worker was at the employer's disposal at the time of the accident
- Whether the journey was necessary for the execution of work duties
- Whether there was abnormal behavior on the part of the worker that could exclude the causal link
In A.A.'s case, the Supreme Court deemed that the journey to the construction site was an integral part of the working hours and, therefore, should be classified as a work-related accident, contrary to what was asserted by the Court of Appeal.
Conclusions
The Supreme Court's decision represents an important victory for workers' rights and offers a significant legal precedent. The distinction between journey accident and work activity is not merely formal, but has significant implications in terms of compensation. It is essential that workers and employers are aware of these principles to adequately protect themselves in case of work accidents.
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