Accident protection for coronavirus infection too

Accident protection for coronavirus infection too

|

INAIL, the National Institute for Insurance against Accidents at Work, has extended accident protection to confirmed cases of coronavirus infection. This highlights, even more, the impact that the spread of the epidemic has had and will have on production activities, on the protection and safeguarding of health in the workplace and on the consequent responsibility of the bodies and company figures in charge of supervising their application.

A specific provision of the INAIL, in fact, has equated the contagion in the workplace with the accident that occurred due to “violent cause at work” resulting in death, permanent disability or temporary absolute disability for more than three days (Circular no. 13 dated 3.4.2020).

The term “violent cause” means any circumstance that with an intense and concentrated action over time has the following characteristics: efficiency, rapidity and externality. It can be caused by toxic substances, muscle strain, microorganisms, viruses or parasites and by climatic and microclimatic conditions. In short, a violent cause is any aggression that from the outside damages the psycho-physical integrity of the employee.

The term “work occasion” refers to all situations, including environmental ones, in which the work activity is carried out and in which the risk for the worker is imminent. The possible damage may be caused:

  • elements of the productive apparatus
  • situations and factors specific to the worker
  • situations related to work activity.

It is not sufficient, therefore, that the event occurs during work but occurs for work, there must be a relationship, even indirect, of cause and effect between the work activity, carried out by the injured party and the accident that causes the accident.

The “Shared protocol for regulating measures to combat and contain the spread of the Covid-19 virus in the workplace” (adopted in implementation of the measure, contained in Article 1, paragraph 1, number 9) of the Prime Ministerial Decree dated 11.3.2020), is the referring document to assess whether or not the employer complies with accident prevention regulations.

It will, therefore, be the provisions of the Protocol that will make it possible to assess those cases in which the employee, infected during the performance of the work, requests to obtain accident protection and therefore compensation for pecuniary and non-pecuniary damages resulting from non-compliance with the prevention rules.

It will then be the burden of the employer to prove that he has used and complied with all the precautions prescribed by the accident prevention regulations in force at the time.

INAIL, in its circular, indicates as recipients of insurance protection in cases of ascertained SARS-CoV-2 infection, occurring during work, employees, para-subordinate workers, employed professional athletes and workers belonging to the management area and all other beneficiaries of the INAIL insurance obligation provided for by special rules.

The simple presumption of the professional origin of the contagion applies not only to health workers exposed to a high risk of contagion but also to those who carry out work activities involving constant contact with the public as:

  • front-office workers
  • checkout, sales and counter staff
  • non-healthcare personnel working in hospitals with technical, support and cleaning duties
  • infirm transport workers.

But it is not an exhaustive list.

Should there be any problems regarding the identification of the precise causes and working methods of the contagion, insurance protection is implemented according to the instructions for dealing with cases of infectious and parasitic diseases.

Circular no. 13 on accident protection Covid-19 also examines the situation of the accident in itinere due to the contagious events that occurred on the way to the workplace. The epidemiological data will serve as a guide for medical-legal recognition.

With regard to the use of the means of transport, the Circular establishes that: “[…] in order to reduce the scope of contagion, […] is considered necessary the use of private means of transport to reach the workplace from their home and vice versa“.

 

The attached document contains all the details of INAIL Circular no. 13 on accident protection Covid-19.