Analysis of the Judgment of Cass. civ., Labor Section, Order No. 25191 of 2023: Employer Liability and Differential Damage
The judgment No. 25191 of 2023 from the Court of Cassation offers an important reflection on employer liability in relation to occupational diseases and the compensation for differential damage. In this article, we will analyze the key points of this decision, highlighting the implications for workers and companies.
The Case Under Examination
The case concerns a worker, A.A., who underwent surgery due to an occupational disease arising from his work as a driver. The Court of Appeal of Messina recognized A.A.'s right to compensation for differential damage, establishing a causal link between his profession and the illness. The matter reached the Court of Cassation following an appeal by Omissis Spa, the employer, who contested the ruling.
The employer's liability adds to the merely indemnity-based responsibility of INAIL, as the foundations, scopes, and functions of the two areas responsible for compensating for occupational diseases and injuries are different.
The Legal Issues Raised
The appeal by Omissis Spa raised several questions, including:
- The passive legitimacy of the employer in cases of occupational disease.
- The correct application of the regulations regarding INAIL compensation.
- The necessity to demonstrate the causal link between the work activity and the damage suffered.
The Court clarified that the employer's liability cannot be excluded even in the presence of indemnities from INAIL. Furthermore, it reiterated that it is essential to demonstrate a causal link, which in this specific case has been established.
Recognition of Moral Damage
A crucial aspect of the judgment concerns the recognition of moral damage. The appellant contested the absence of recognition for the moral damage suffered due to the illness. The Court highlighted that moral damage, understood as psychological suffering and impairment of personal dignity, must be considered and assessed within the overall compensatory framework.
According to established jurisprudence, the judge must consider all the negative consequences of the damaging event, both on a biological and relational level, thereby ensuring complete protection for the affected worker.
Conclusions
The judgment of the Court of Cassation No. 25191 of 2023 represents an important step forward in the protection of workers' rights, emphasizing the employer's liability in cases of occupational disease. It highlights the need for an integrated approach to damage compensation, which takes into account not only the economic aspect but also moral damage and the dignity of the worker. This ruling invites companies to carefully reflect on working conditions and the health of their employees to avoid legal consequences and to ensure a healthy and safe work environment.
