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inglese - infortuni
guide about accidents at work
Accidents are decreasing… but not for everyone!
Between the 80s and the 90s, accidents averaged about 1 million occurrences per year; mortal accidents oscillated between 1,400 and 1,500.
After the high number of accidents registered in the 60s - 70s, which were related to the economic boom, a downward trend in the number of accidents at work can be seen, which began at the end of the 90s. On the other hand, accidents involving non EEC-members increased going, from 2001 to 2004, from about 70,000 to 111,000 occurrences; the same is true for the number of accidents of the so-called atypical workers (temporary, taken on, under project contract, and the like), which in the space of a couple of years have doubled, going from 11,000 to 20,000.
Unauthorised work: what can you do if you have an accident at work?
If you have an undeclared employment, naturally you are not insured neither with INPS - Istituto Nazionale della Previdenza Sociale (the national social security institute which manages the contributions for your pension) nor with INAIL - Istituto Nazionale contro gli Infortuni e le Malattie professionali (the national institute for industrial accidents and diseases).
This condition involves a complete lack of protection, in relation to the problem of accidents at work.
It is necessary to know that in Italy there is the so-called “automatic benefits”, i.e.: if you have had an accident you can declare that the event has occurred in your workplace and give all the details of your employer and of the accident.
It is evident that, at this stage the inspectors of INAIL will carry out an enquiry and, if they verify that it was really an accident at work, you will be entitled to all the protection provided by the law.
Your situation is partially in compliance with the law: what would happen if you had an accident at work?
In this case, the repercussions of your condition affect especially the benefits you are entitled to. It is clear that if you have a declared job for 4 hours a day while you work 8 hours, INAIL will calculate all allowance on the pay you have declared and not on the one you have actually received.
Once again, should you decide to get out of this irregular situation, by declaring the truth about your real working conditions, after verifying that your statements are truthful, INAIL will provide its benefits in full.
How can you get insured against accidents at work, when you have accepted a project contract?
You must pay a part of the insurance premium to Inail; contrary to what happens to the majority of dependent workers, in the case of a project contract of co-operation, the premium is shared out between the worker (1/3) and the employer (2/3).
You have a project contract of co-operation; in the case of an accident at work which forces you to stay at home for 40 days, are you entitled to the Inail allowance?
Yes, the fact that you have a project contract doesn’t involve any differences from the majority of dependent workers, provided you and those hiring you have paid the premiums to Inail.
Therefore you will receive from Inail an allowance equal to 60% of your pay, starting from the 4th day following the accident, for the amount of days you have been ill.
……
Your head was hurt because you weren’t wearing a protective helmet in the building site where you work
Your employer has the obligation of supplying you with all the means necessary to protect your safety (gloves, accident-prevention shoes, helmets, soundproof ear-plugs, etc.) and you have the obligation of using them.
These general rules are valid for all types of work which expose you to risks.
Remember that in any case INAIL will have to acknowledge and compensate you for the accident even if you weren’t wearing any protective clothes.
An accident at work has happened and our trade union has reported the case to Inail. Is that sufficient to grant you the right protection?
You have done the right thing if you have contacted Inail directly; if there is a worker safety representative (Rappresentante dei Lavoratori alla Sicurezza - RLS) in your company, it is advisable to inform him/her.
The employer must also be immediately informed because he/she is expected to report the event to the insurance institute, within 2 days of the date in which he was informed.
This obligation is valid for those accidents from which one cannot recover within three days, because for minor accidents (less than three days) there is only the obligation of recording them in the “accident register”.
On its part, Inail has the obligation of asking the employer to fill in the accident declaration form.
You must also take note of the fact that one of the duties of the local health authorities (Aziende Sanitarie Locali - ASL) is also that of supervising working conditions.
Accidents at work and benefits …
The day in which the accident took place will be paid in full by your employer, even if you have just started working.
Also the following 3 days will be paid to you by your employer, but only 60% of your pay, unless your contract involves other better conditions.
From the 4th up to the 90th day of absence from work, INAIL will pay you an allowance equal to 60% of your average daily pay.
From the 91st day on, the allowance will be equal to 75% of your pay.
Remember that INAIL pays also the holidays and will compensate you until you have clinically recovered from your accident, without any time limit.
You have the right to receive Inail benefits when there is a minimum percentage of permanent invalidity as a result of an industrial accident or disease. The evaluation of the damage is made on the basis of a Table of Psychological and Physical Disablement; for each of the items of disablement, the degree of invalidity is indicated.
The percentage of inability which entitles you to the Inail benefits
Only from 6% to 15% you are entitled to a financial compensation (biological damage).
From 16% of invalidity on, you have the right to receive a monthly income.
Remember that INCA is at your disposal to check and, if necessary, appeal against any decision of INAIL which you believe to be incorrect.
You can ask INAIL to reconsider your health conditions even if you haven’t reached a 6% invalidity
Violent injury, injury in the course of work and injury while travelling
Violent injury is one of the necessary conditions for the acknowledgement of an industrial accident: it is represented by an external event which takes place quickly and is responsible for or leads to an injury.
Therefore it concerns each incident which damages the worker’s psychological and physical integrity from the outside.
An accident can be said to have happened in the course of work when it’s the work itself which determines the risk which then produces the accident; therefore it is not sufficient, nor necessary, that the accident has happened during working hours and in the workplace.
An accident which happens during one’s usual journey to work and back to one’s place of residence - injury while travelling - is dealt with by INAIL, as well as that which takes place during one’s usual journey from one workplace to another, if one is doing more than one job;
or during the usual journey to and from the workplace and the place where one has his/her meals, in cases where there is no canteen in the company.
INAIL, the national institute for industrial accidents, ensures the workers which carry out activities at risk. The insurance is compulsory for all employers who employ dependent and semi-dependent workers in those activities which the law defines as at risk. It protects the workers from damage deriving from industrial accidents and diseases caused by their working activity.
It is important to refer to the “Patronato INCA” (an aid society) in order to have one’s industrial accident and disease recognized. Its forensic scientists, occupational physicians and staff offer all the assistance and consultancy which is necessary in order to obtain from Inail, in the right measure, the economic and social security benefits.
The offices of the “Patronato Inca” are situated throughout Italy. To find the address of the closest office you can visit the website www.inca.it or call the number 848 – 854388 – cost of one local call – every working day from 2 pm to 6 pm
By INCA Nazionale
Translation edited by Punto Lingue
(fonte:CGIL)
Accidents are decreasing… but not for everyone!
Between the 80s and the 90s, accidents averaged about 1 million occurrences per year; mortal accidents oscillated between 1,400 and 1,500.
After the high number of accidents registered in the 60s - 70s, which were related to the economic boom, a downward trend in the number of accidents at work can be seen, which began at the end of the 90s. On the other hand, accidents involving non EEC-members increased going, from 2001 to 2004, from about 70,000 to 111,000 occurrences; the same is true for the number of accidents of the so-called atypical workers (temporary, taken on, under project contract, and the like), which in the space of a couple of years have doubled, going from 11,000 to 20,000.
Unauthorised work: what can you do if you have an accident at work?
If you have an undeclared employment, naturally you are not insured neither with INPS - Istituto Nazionale della Previdenza Sociale (the national social security institute which manages the contributions for your pension) nor with INAIL - Istituto Nazionale contro gli Infortuni e le Malattie professionali (the national institute for industrial accidents and diseases).
This condition involves a complete lack of protection, in relation to the problem of accidents at work.
It is necessary to know that in Italy there is the so-called “automatic benefits”, i.e.: if you have had an accident you can declare that the event has occurred in your workplace and give all the details of your employer and of the accident.
It is evident that, at this stage the inspectors of INAIL will carry out an enquiry and, if they verify that it was really an accident at work, you will be entitled to all the protection provided by the law.
Your situation is partially in compliance with the law: what would happen if you had an accident at work?
In this case, the repercussions of your condition affect especially the benefits you are entitled to. It is clear that if you have a declared job for 4 hours a day while you work 8 hours, INAIL will calculate all allowance on the pay you have declared and not on the one you have actually received.
Once again, should you decide to get out of this irregular situation, by declaring the truth about your real working conditions, after verifying that your statements are truthful, INAIL will provide its benefits in full.
How can you get insured against accidents at work, when you have accepted a project contract?
You must pay a part of the insurance premium to Inail; contrary to what happens to the majority of dependent workers, in the case of a project contract of co-operation, the premium is shared out between the worker (1/3) and the employer (2/3).
You have a project contract of co-operation; in the case of an accident at work which forces you to stay at home for 40 days, are you entitled to the Inail allowance?
Yes, the fact that you have a project contract doesn’t involve any differences from the majority of dependent workers, provided you and those hiring you have paid the premiums to Inail.
Therefore you will receive from Inail an allowance equal to 60% of your pay, starting from the 4th day following the accident, for the amount of days you have been ill.
……
Your head was hurt because you weren’t wearing a protective helmet in the building site where you work
Your employer has the obligation of supplying you with all the means necessary to protect your safety (gloves, accident-prevention shoes, helmets, soundproof ear-plugs, etc.) and you have the obligation of using them.
These general rules are valid for all types of work which expose you to risks.
Remember that in any case INAIL will have to acknowledge and compensate you for the accident even if you weren’t wearing any protective clothes.
An accident at work has happened and our trade union has reported the case to Inail. Is that sufficient to grant you the right protection?
You have done the right thing if you have contacted Inail directly; if there is a worker safety representative (Rappresentante dei Lavoratori alla Sicurezza - RLS) in your company, it is advisable to inform him/her.
The employer must also be immediately informed because he/she is expected to report the event to the insurance institute, within 2 days of the date in which he was informed.
This obligation is valid for those accidents from which one cannot recover within three days, because for minor accidents (less than three days) there is only the obligation of recording them in the “accident register”.
On its part, Inail has the obligation of asking the employer to fill in the accident declaration form.
You must also take note of the fact that one of the duties of the local health authorities (Aziende Sanitarie Locali - ASL) is also that of supervising working conditions.
Accidents at work and benefits …
The day in which the accident took place will be paid in full by your employer, even if you have just started working.
Also the following 3 days will be paid to you by your employer, but only 60% of your pay, unless your contract involves other better conditions.
From the 4th up to the 90th day of absence from work, INAIL will pay you an allowance equal to 60% of your average daily pay.
From the 91st day on, the allowance will be equal to 75% of your pay.
Remember that INAIL pays also the holidays and will compensate you until you have clinically recovered from your accident, without any time limit.
You have the right to receive Inail benefits when there is a minimum percentage of permanent invalidity as a result of an industrial accident or disease. The evaluation of the damage is made on the basis of a Table of Psychological and Physical Disablement; for each of the items of disablement, the degree of invalidity is indicated.
The percentage of inability which entitles you to the Inail benefits
Only from 6% to 15% you are entitled to a financial compensation (biological damage).
From 16% of invalidity on, you have the right to receive a monthly income.
Remember that INCA is at your disposal to check and, if necessary, appeal against any decision of INAIL which you believe to be incorrect.
You can ask INAIL to reconsider your health conditions even if you haven’t reached a 6% invalidity
Violent injury, injury in the course of work and injury while travelling
Violent injury is one of the necessary conditions for the acknowledgement of an industrial accident: it is represented by an external event which takes place quickly and is responsible for or leads to an injury.
Therefore it concerns each incident which damages the worker’s psychological and physical integrity from the outside.
An accident can be said to have happened in the course of work when it’s the work itself which determines the risk which then produces the accident; therefore it is not sufficient, nor necessary, that the accident has happened during working hours and in the workplace.
An accident which happens during one’s usual journey to work and back to one’s place of residence - injury while travelling - is dealt with by INAIL, as well as that which takes place during one’s usual journey from one workplace to another, if one is doing more than one job;
or during the usual journey to and from the workplace and the place where one has his/her meals, in cases where there is no canteen in the company.
INAIL, the national institute for industrial accidents, ensures the workers which carry out activities at risk. The insurance is compulsory for all employers who employ dependent and semi-dependent workers in those activities which the law defines as at risk. It protects the workers from damage deriving from industrial accidents and diseases caused by their working activity.
It is important to refer to the “Patronato INCA” (an aid society) in order to have one’s industrial accident and disease recognized. Its forensic scientists, occupational physicians and staff offer all the assistance and consultancy which is necessary in order to obtain from Inail, in the right measure, the economic and social security benefits.
The offices of the “Patronato Inca” are situated throughout Italy. To find the address of the closest office you can visit the website www.inca.it or call the number 848 – 854388 – cost of one local call – every working day from 2 pm to 6 pm
By INCA Nazionale
Translation edited by Punto Lingue
(fonte:CGIL)
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