Categories: Insights, Publications

Tag: infortunio


8 May 2020

Covid-19 injury, critical profiles (Guida al Lavoro de Il Sole 24 Ore, 8 May 2020 – Vittorio De Luca e Antonella Iacobellis)

With the provision of Article 42, paragraph 2, of Decree Law no. 18 of March 17, 2020 (converted, with amendments, by Law no. 27 of April 24, 2020), now known as the “Cura Italia” Decree, it has been definitively sanctioned the assimilation of contagion at work from COVID 19 to an accident at the workplace.

The provision of the “Cura Italia” Decree and the clarifications of the Inail circular letter no. 13/2020

The provision states as follows: “In confirmed cases of coronavirus infection (SARS-CoV-2) at work, the competent doctor shall draw up the usual accident certificate and send it electronically to INAIL, which shall ensure the protection of the injured person in accordance with the provisions in force. INAIL’s benefits in verified cases of coronavirus infections at work are also provided for the period of quarantine or fiduciary home stay of the injured person with the consequent abstention from work. The abovementioned injuries have an impact on the insurance management and are not taken into account for the purposes of determining the average rate fluctuation by injury trend as per articles 19 ss. of the Interministerial Decree of 27 February 2019. This provision shall apply to public and private employers”.

In summary, the provision included in article 42, paragraph 2 of the “Cura Italia” Decree, states that:

  • for COVID-19 virus infections contracted in the course of work, it applies the general principle that infections contracted in work-related circumstances are considered accidents at work for the purposes of the relevant compulsory insurance – with exclusive reference, of course, to workers, public and private, registered, by reason of their activity, with the same insurance;
  • the competent doctor draws up the ordinary accident certificate and sends it electronically to INAIL and the benefits paid for by the latter – in the ascertained cases of infection contracted at work – are also provided for the period of quarantine or fiduciary home stay of the injured party;
  • the INAIL premium rate fluctuation mechanism does not include proven cases of infection contracted at work.

In other words, in the event of infection with COVID19 at work, the worker is covered by INAIL insurance protection, since the pathology in question is traced back to the virulent cause and thus extending to this hypothesis protection already existing for other pathologies of viral origin.

Read here to read the full version of the article in Italian language.

Source: Guida al lavoro – Il Sole 24 ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…

16 Sep 2026

Did you know that… repeated violations of company procedures may justify the dismissal of a store manager?

The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who…