Italy - Benefits in case of accidents at work or occupational diseases
In this chapter is a brief description of the benefits provided to protect workers against the risk of:
- Accidents in the workplace (Infortuni sul Lavoro)
- Occupational diseases (Malattie professionali)
Accident social security protects all insured workers employed in professional or commercial activities which, depending on their nature, may expose them to the above risks.
In 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 not only those listed in the reference tables but also any other illness which the employee can prove is connected to his or her professional activity.
Insurance premiums (for which the employer is responsible) and social security accident benefits are handled by INAIL, 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 his or her reintegration into daily life, the family, social and working environments;
- cash: compensation, either one-off payments or annuities.
In what situation can I claim?
If you are an employee, independent or insourced worker, a manager or a professional athlete and you perform an activity which puts you at risk of accidents or occupational disease, the law provides that you must be protected against such risks. If, however, you perform a domestic activity, the law states that you can sign up to this type of insurance protection ('housewife insurance') on a voluntary basis.
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:
- total, but temporary, incapacity for work for a minimum duration of 3 days;
- permanent (partial or total) disability;
- death.
Occupational diseases:
- included on a specific list of occupational diseases recognised by law for the industry and agriculture sectors, as updated in 2014;
- contracted in relation to the activity you carry out, during performance of the same.
What conditions do I need to meet?
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 which occur on the journey to your place of work and from work to your home (see 'Accidents en route') are included in INAIL insurance, subject to certain conditions (to know more visit this webpage).
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).
To find out the minimum period of exposure to risk to be able to claim compensation, you must refer to the list of occupational diseases, updated in 2014.
If the illness you have contracted is not featured on this list, it is your responsibility to prove the causal link between the illness you have contracted and your work activity to gain recognition of this as an occupational disease (see 'mixed system').
You have a right to receive the services you are entitled to temporarily, until you are able to return to work, after rehabilitation (duration of services).
You can ask to receive medical examinations to assess the progress of your temporary incapacity.
If, however, your incapacity is permanent and total, such as to require constant assistance to carry out basic activities of day-to-day life, you are entitled to a monthly benefit for continuing personal assistance that is monetary compensation to supplement income for permanent incapacity.
What am I entitled to and how can I 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:
- temporary benefits;
- annuities in the event of permanent disability (rendita vitalizia);
- compensation in the event of death or payment of a capital lump-sum in case of permanent biological damage, automatically revalued on an annual basis (indennità forfettaria in caso di danno biologico);
- personal assistance allowance (assegno di assistenza personale e continuativa).
The amount of the benefit for permanent incapacity is calculated based on the remuneration you received in the year prior to the date of the accident or the appearance of the illness, as well as the degree of incapacity. The amount is adjusted annually and increased by a 20th for each dependent child.
The degree of incapacity may be subject to re-assessment, officially or on your request, at any time in the first 2 years and, subsequently, at intervals of at least 1 year. A request for re-assessment must be accompanied by the appropriate medical certificate.
The continuing special survivors' grant is calculated as a percentage of the most recent annual salary of the deceased. The percentages are the following:
- 20% is awarded to each of the two parents, if they were responsible for the deceased at the time of death;
- 20% is awarded to each brother or sister, if they were responsible for the deceased at the time of death.
If the deceased does not leave behind a surviving spouse or children:
From 1 July 2013, the claim/notification of the accident and occupational disease (submitted directly by the applicant or a member of the family, or through Patronati, legal entities providing assistance free of charge) must be submitted exclusively electronically using the form available on the portal http://www.inail.it/.
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).
Know your rights
Below are the addresses for the institutional websites and related links that let you know your social security entitlements for accidents:
Also, below is the link to access European Commission publications on coordination of social security rights for those who live or travel in the EU:
Who do you need to contact
National Institute for Insurance against Accidents at Work (INAIL)
Piazzale G. Pastore 6
00144 Rome RM – ITALY
Tel. +39 0654871
Toll-free number: +803164
Website: http://www.inail.it
Trustees and tax assistance centres (Patronati, CAF)