21/09/2023

The Ministry of Labour and Social Policy offers this general definition of occupational disease 'any morbid condition that can be causally linked to the performance of any work activity'. For companies, when an employee suffers the consequences of an occupational disease, more or less serious (economic and legal) liabilities may arise, depending on the degree of liability attributable to them.

It is indeed the employer's responsibility to put in place all the procedures required by law to ensure a safe working environment, minimising health risks for employees and informing them about the specific dangers of their activities.

What does the company risk in case of occupational disease and what does occupational disease mean for the employer?

Occupational disease: when do the requirements apply?

Occupational disease is also called a technopathy and can occur when workers suffer prolonged exposure to a risk factor present in their usual workplace. There must, of course, be a sufficiently direct causal link between the disease and the risk for it to be an occupational disease.

Generally speaking, one can distinguish between two types of occupational diseases, i.e. those that are listed and those that are not. What are the differences between the two?

· The listed occupational diseases are collected in specific lists, one for industry and one for agriculture: these lists specify a set of pathologies clearly connected with the work activities mentioned, occurring within a maximum period from the end of the work activity (known as the maximum period of indemnity). When the worker manifests one of these pathologies, he is not required to prove its occupational origin, but it is INAIL (Italian Department of Medicine, Epidemiology, Occupational and Environmental Health) which may have to clearly demonstrate the non-occupational origin of the injury.

· As can be guessed, non-listed occupational diseases are not registered and the burden of proof that they are occupational diseases rests directly on the employee who manifests them.

Company liability in the case of occupational disease

Article 2087 of the Civil Code stipulates that 'The entrepreneur is obliged to take the measures that, according to the particular nature of the work, experience and technique, are necessary to protect the physical integrity and moral personality of workers'.

It is clear, therefore, that it is the employer who is held civilly liable (and in some specific cases also criminally liable) in the event of a failure to adopt measures appropriate to the work context or sector concerned.

It is worth remembering that companies that employ even a single employee are required to take out INAIL insurance against occupational accidents and illnesses: the presence of such insurance may lead to partial exoneration of the employer's civil liability in cases where the pathology developed can be attributed to the conduct of the employee or of the persons in charge of supervision.

Moreover, the employer may have to answer for damages caused by an unlawful act of the supervisors to whom he has delegated the functions of guarantor (according to Article 2049 of the Italian Civil Code) and is therefore liable when the failure to adopt appropriate safety measures is attributable to a person he has appointed to manage them.

Instead, he may be relieved of liability if:

· criminal liability is imputed to a third party for the conduct underlying the occupational disease;

· in case of wilful misconduct of the worker;

· in the event of conduct of the employee that is unrelated to the performance of work, or that is unforeseeable or exorbitant in relation to the limits imposed by it.

An employee who is the victim of an occupational disease may bring a civil action against the company where he or she works, in certain specific cases:

· when the illness is due to acts attributable to the employer or his direct agents (this constitutes the offence of violation of the rules on workplace risk prevention);

· when the criminal liability of the employer or its agents is established by a final conviction;

· when a judge provides for a higher compensation than that paid by INAIL.

Employer's benefits in the event of occupational disease

One of the most frequently asked questions when discussing this issue is the link between occupational illness and dismissal: is it possible for the employer to terminate the contract in the event of his employee's occupational illness?

Basically, a worker who suffers the effects of an occupational disease has the right to keep his job, within the terms of the comporto period (Article 2110 of the Italian Civil Code), i.e. a maximum number of absences due to illness established in his contract. Dismissal during this period is to be considered null and void.

When, on the other hand, the occupational disease is caused by a violation of occupational health and safety regulations, the company cannot dismiss the employee even after the comporto period has been exceeded.

Once the stipulated days have elapsed, on the other hand, the employer may proceed with dismissal, provided that the causal and temporal link between the dismissal and the exceeding of the stipulated composite period is clear. There are, however, illnesses that are considered particularly serious, which allow the employee to keep
his job even beyond the contractually stipulated period: the onus is on him to inform the company of the type of illness he is facing before it exercises its right to dismiss him.

What must the employer do in the event of occupational disease? When the occupational disease results in incapacity for work (temporary and absolute), the employer must pay:

· 100% of pay for the day on which the illness occurred, if it resulted in abstention from work);

· 60% of the salary for the following 3 days.

INAIL, on the other hand, will pay:

· an allowance of 60% of the employee's daily salary from the 4th day and up to the 90th day of abstention from work;

· 75% of pay from day 91 until full recovery.

It is not uncommon for CCNLs to provide for a financial supplement to the INAIL allowance by the employer for the entire period of job retention.

After dismissal, who pays for occupational disease if it results in permanent partial or absolute inability to work? In this case, the compensation system for biological damage applies: the economic benefit is determined with respect to the severity of the damage and, after deducting a deductible for disability of up to 6%, compensation may be paid for disability of up to 16% or an annuity for more severe disability.

In the event of the employee's death, the survivors are entitled to an annuity calculated on the basis of the deceased employee's annual salary.

Contact dermatitis is an occupational disease: avoid it with Nettuno

There are numerous hazards present in work contexts, which can trigger various occupational illnesses related to numerous types of hazards, such as:

· exposure to noise;

· exposure to vibration;

· exposure to electromagnetic fields;

· exposure to UV radiation;

· exposure to harmful substances (solvents, silicon, asbestos, heavy metals, etc.);

· exposure to psychophysical stress;

· exposure to incorrect movements or postures.

This wide range of risks can lead to permanent damage to sight, hearing, the nervous system, the psyche, the musculoskeletal system, but also the skin. . Dermatoses contracted in the workplace are undoubtedly among the most common occupational diseases, especially in certain occupational areas (e.g. for construction workers, farmers, mechanics and metalworkers, tanners, but also for doctors and nurses, blacksmiths, printers, window fitters or welders).

This is why Nettuno's research has focused on the formulation of high-performance skin protection, washing and care products for five decades now.

Effectively preventing occupational dermatitis is possible, thanks above all to a shared health culture, which involves both employers, RSPPs and workers themselves in valid processes.

Adopting the best hygiene precautions in the company and providing Nettuno's products dedicated to professionals can be a decidedly smart idea for reducing the risk of occupational illnesses. Being compliant with current laws in terms of health and safety in the workplace, moreover, can prevent companies from being involved in civil lawsuits, potential criminal liability, economic damage and dangerous drops in production due to the absence of employees.

Contact our experts for personalised advice on your professional category and your specific needs!