Personal injury
Accident at work in Italy: what to do and what you are owed
Italy’s INAIL insurance covers a lot, but not always everything. Here are the steps after an accident at work and when you can claim more from the employer.
An accident at work in Italy involves two separate levels: the INAIL insurance cover, which applies regardless of fault, and any liability of the employer, where the accident results from a breach of safety rules.
First steps
- Tell your employer immediately about the accident, even if it seems minor.
- See a doctor: your doctor or the emergency department issues the medical certificate for the accident and sends it to INAIL.
- The employer must file the accident report with INAIL within two days of receiving the certificate, for accidents with a prognosis of more than three days.
Keep a copy of everything: certificates, reports, correspondence.
What INAIL covers
- A daily allowance for temporary total incapacity, from the fourth day.
- Compensation for permanent physical injury: a lump sum for impairments of 6% to 15%, an annuity from 16% upwards.
- Related treatment, prostheses and healthcare.
- In the event of death, benefits for surviving family members.
Accidents on the way to or from work (in itinere) are also covered, subject to conditions.
When you can claim more: “differential damage”
INAIL compensation does not cover every head of damage. If the accident was caused by a breach of safety rules or, more generally, of the employer’s duty to protect workers’ physical integrity (Article 2087 of the Civil Code), you can claim the differential damage from the employer: the part of the loss INAIL does not cover, including non-pecuniary loss.
In these cases criminal proceedings for negligent injury often follow, in which the worker can join as a civil party.
If INAIL rejects the claim
INAIL decisions can be challenged administratively and then before the labour court. Claims for INAIL benefits are generally time-barred after three years, so deadlines must be monitored.
Why documenting everything matters
In a workplace accident case, the following count:
- a precise reconstruction of how it happened;
- witnesses, often colleagues;
- records of training, protective equipment and risk assessment;
- a medico-legal assessment of lasting effects.
Read more: personal injury, including in Prato and Florence.
Avv. Ada Alia
A member of the Pistoia Bar since 2020, she handles criminal, family, immigration and personal injury matters. She meets clients in Italian, English and Albanian.
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