Best Work Injury Lawyers in Genoa

About Work Injury Law in Genoa, Italy

Work injury law in Genoa, Italy, is a specialized area of Italian labor law designed to protect employees who are injured while performing their work duties. Known as "infortunio sul lavoro," work injuries are regulated by national legislation, with specific procedures and protections applicable across the country, including Genoa. The law covers physical injuries, occupational diseases, and psychological damage sustained due to or during employment. Workers are entitled to a range of benefits, including medical care, compensation for temporary or permanent disability, and job protection, often administered by Italy’s social insurance agency, INAIL (Istituto Nazionale Assicurazione contro gli Infortuni sul Lavoro).

Why You May Need a Lawyer

While the process for reporting and claiming work injury benefits in Italy is established, legal complexities frequently arise. You may need legal advice or representation in situations such as:

• Disputes over the recognition of an accident as "work-related."
• Issues with the calculation or payment of compensation by INAIL.
• Cases involving serious or permanent disabilities requiring additional compensation.
• Situations where your employer disputes the circumstances of the injury.
• Claims involving third-party liability (for example, accidents caused by defective equipment from an external company).
• Employers failing to follow proper procedures or provide required insurance coverage.
• Assistance with appeals if your initial claim is denied.

Local Laws Overview

Work injury law in Genoa is governed primarily by national statutes, but local nuances in application and jurisdiction may apply. Key aspects include:

• Employers are legally required to insure all employees with INAIL for work-related injuries and occupational diseases.
• Employees must report an injury to their employer as soon as possible, and employers must in turn report it to INAIL within two days of notification.
• INAIL provides medical expenses coverage, daily indemnity, and compensation for permanent disability or survivors' pensions in case of fatal accidents.
• In certain cases, civil liability claims against employers or third parties can be pursued if negligence or safety violations contributed to the injury.
• Italian law prohibits the dismissal of an employee during the period of certified medical leave due to a work injury, except in special cases.
• The Genoa labor court (Tribunale del Lavoro di Genova) has jurisdiction over related disputes and appeals.

Frequently Asked Questions

What qualifies as a work injury in Genoa, Italy?

A work injury includes any physical or psychological harm suffered by a worker due to causes occurring while performing job duties or as a direct result of employment-related activities, including commuting in certain cases.

What should I do immediately after a work-related injury?

You should inform your employer immediately, seek medical attention, and ensure that your injury is documented by a healthcare provider. The employer is then obligated to report the injury to INAIL.

How is compensation calculated?

Compensation depends on the severity of the injury and the duration of recovery. INAIL provides indemnities for temporary incapacity (a percentage of your salary) and lump-sum or lifetime payments for permanent disability.

Can I be dismissed while recovering from a work injury?

No, Italian law generally prohibits dismissal during the certified period of medical leave for a work injury, except in rare cases such as company closure or completion of a fixed-term contract.

If my claim is rejected, can I appeal?

Yes, you have the right to contest INAIL's decision through an internal review and, if necessary, by appealing to the labor court in Genoa.

Can I sue my employer for negligence?

In certain circumstances, especially if the employer violated safety laws or was grossly negligent, you may have grounds for additional civil damages beyond INAIL’s compensation.

What happens if my employer didn’t report the injury?

Failing to report a work injury is a violation of the law; you can report your injury directly to INAIL or seek legal help to ensure the claim is processed.

Are freelance or contract workers covered?

Some categories of self-employed or contract workers are covered if they pay into INAIL, but coverage varies. It is advisable to check your individual situation with a lawyer or INAIL office.

Is psychological injury recognized?

Yes, psychological harm such as stress disorders or trauma from events on the job can be recognized as work injuries, provided proper medical documentation is provided.

How long does it take to receive compensation?

The timeframe varies, but INAIL generally processes and pays temporary compensation within weeks. Appeals or complicated cases may take longer, and legal help can often expedite the process.

Additional Resources

If you need more information or assistance, consider contacting:

• INAIL (Istituto Nazionale Assicurazione contro gli Infortuni sul Lavoro): The primary agency for work injury insurance and claims.
• Genoa Labor Court (Tribunale del Lavoro di Genova): For legal disputes and appeals related to work injuries.
• Patronati (Workers’ Assistance Institutions): Not-for-profit organizations that provide free advice and support to injured workers.
• Trade Unions (Sindacati): Offer legal support and advocacy for their members.
• Local Legal Clinics: Some universities and associations in Genoa offer free or low-cost initial legal consultations.

Next Steps

If you have suffered a work injury in Genoa or are facing issues connected to a previous injury claim:

• Report the injury immediately to your employer and ensure it is documented.
• Visit an authorized medical provider for assessment and certification of injury.
• Confirm that your employer has reported the injury to INAIL, or do so yourself if needed.
• Collect and keep all documentation, including medical reports, correspondences, and claim forms.
• Consult with a work injury lawyer or a qualified patronato for advice, especially if the process becomes complicated or if your claim is denied.
• Prepare to formally appeal any adverse decisions, if necessary, to the INAIL or Genoa labor court with appropriate legal representation.