Understanding Workplace Injuries: Mechanisms, Regulations, and Limitations

Understanding Workplace Injuries in Italy: Rights and Obligations

The Italian legal system safeguards workers through specific laws and tools aimed at assisting those who suffer workplace injuries.
Workers are entitled to compensation to cover medical expenses and potential loss of income.
However, there are rules and deadlines to follow in order to receive these entitlements.

What is a Workplace Injury?

According to the Italian Ministry of Labor and Social Policies, a workplace injury refers to any injury that occurs as a direct consequence of work-related activities due to a violent cause, which may result in the worker’s death or a partial or total impairment of their work capability.

The key elements of a workplace injury include:

• Injury
• Violent cause
• Occurrence during work

Moreover, certain incidents recognized as “injuries in itinere,” concerning injuries sustained while commuting to or from work, also qualify.

Distinction Between Workplace Injuries and Illness

It is vital to distinguish workplace injuries from occupational diseases.
While the former occurs immediately post-trauma, the latter develops over time due to gradual exposure to harmful conditions specific to the job.

Common illnesses, such as colds, are temporary health issues managed by INPS, whereas occupational diseases and workplace injuries are overseen by INAIL.

Legal Framework for Workplace Injuries

The primary legal framework in Italy surrounding workplace injuries is encapsulated in the Consolidated Act on Health and Safety at Work, Legislative Decree No.
81 of 2008.
This law is foundational in preventing workplace accidents and protecting worker health.

Procedures Following a Workplace Injury

In the event of an injury, it is imperative for the injured worker to promptly notify their employer.
They must seek medical assistance immediately, receiving a medical certificate that documents their condition.

The employer is responsible for reporting the accident to INAIL to initiate the claims process.
If the employer fails to do so, the worker can file the report independently, ensuring they provide the medical certificate.

Maximum Duration of Workplace Injury Leave

Injured workers are entitled to retain their position for a duration specified in the applicable collective bargaining agreement, typically not exceeding 180 days.

Workers’ Obligations and Rights

Injured workers must report accidents promptly to allow their employer to take necessary action.
They must also cooperate with authorities during investigations and participate in rehabilitation programs as required.

Employers’ Obligations and Rights

Employers are required to implement safety measures to prevent workplace accidents, provide adequate training, and ensure employees are properly insured against workplace injuries through INAIL, covering medical expenses and compensations.

Finally, employers must provide adequate wages for the day of the injury and a reduced compensation during recovery, with INAIL compensating from the fourth day until the worker’s return.