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What the Italian law provides for in case of accidents at work or occupational diseases?
This article gives you a brief description of the benefits provided to protect workers against the risk of accidents in the workplace (Infortuni sul Lavoro) e occupational diseases (Malattie professionali).
Accident social security protects all insured workers employed in professional or commercial activities, which may expose them to the above risks depending on their nature.
In the case of occupational disease, this protection is accessed through what is referred to as a 'mixed' system. This means that occupational diseases are considered to be those listed in the reference tables, and any other illness that the employee can prove is connected to their professional activity.
Insurance premiums (for which the employer is responsible) and social security accident benefits are handled by INAIL: the National Institute for Insurance against Accidents at Work and Occupational Disease. The cost of the health services and human resources involved (e.g. emergency response and general medical services) is covered by the National Health Service (SSN).
The services provided in the event of an accident at work or occupational disease can be of two kinds:
in kind: health services, such as supports, prosthetics and assistance and rehabilitation aimed at ensuring maximum possible recovery of the recipient's independence and mental and physical resources, and therefore their reintegration into daily life, the family, social and working environments;
cash: compensation, either one-off payments or annuities.
WHEN YOU CAN CLAIM?
Suppose you are an employee, independent or insourced worker, a manager or a professional athlete and perform an activity that puts you at risk of accidents or occupational disease. In that case, the law provides that you must be protected against such risks. However, if you perform a domestic activity, the law states that you can sign up for this type of insurance protection ('housewife insurance') voluntarily.
The circumstances in which you can benefit from accident insurance are the following:
Accidents at work, or traumatic events, caused by violence, in relation to a risk connected to your work activity and which has resulted in the following consequences:
If you are the victim of an accident at work, your employer must be informed as soon as possible. If the accident causes injuries that take more than 3 days to heal, your employer is obligated to report it to INAIL within 2 days of being notified.
Accidents that occur on the journey to your place of work and from work to your home (see 'Accidents en route') are included in INAIL insurance.
If you have contracted an occupational disease, you must inform your employer within 15 days of the appearance of the illness. In turn, your employer must notify INAIL within 5 days of receipt of the corresponding medical certificate. In case of failure to notify, you will still have 3 years to take advantage of the services available to you (after 3 years, this right expires).
What are you entitled to and how you can claim?
If you have been the victim of an accident at work or have contracted an occupational disease, you are entitled to services either in kind (medical and rehabilitative care, prostheses and assistance) or in money (one-off compensation, income, and annuity) provided by INAIL.
These are the services in kind, provided exclusively by INAIL, to which you may be entitled:
health services, such as aids, prosthetics and assistance and rehabilitation aimed at ensuring the maximum possible recovery of your independence and mental and physical resources, and therefore your reintegration into daily life, family, social and working environments.
These are the monetary payments, provided exclusively by INAIL, to which you may be entitled:
Forms you may need to fill in
From 1 July 2013, the claim for services may be submitted electronically only to INAIL, or, in case of unavailability of the electronic service, by the appropriate forms sent via the certified electronic email (PEC).ncapacity.
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I'm Natalia Bertelli, an English/Spanish to Italian legal translator. Since 2008 I have been working on contracts, judicial deeds, certificates, corporate translations for foreign clients who want to do business in Italy, get a dual citizenship or simply settle in my beautiful country.