The host company is liable for accidents suffered by seconded workers (Guida al Lavoro de Il Sole 24 Ore, 16 February 2018 – Elena Cannone, Antonella Iacobellis)
With judgement of the Court of Cassation No. 1574 dated January 23 2018, the liability according to article 2049 of the Civil Code regarding accidents in the workplace has been confirmed to fall on the transferee company with consequent reimbursement of damages, given that it is the entity that undertook direction and control of the work and that, de facto, exercises control over its performance. This because the transferee company must meet all the prevention and protection obligations except the obligation to inform and to train the employee on the risks typically connected to the performance of the tasks for which he/she has been transferred, whose responsibility falls on the transferor employer (and the latter may be deemed co-responsible whenever the event is causally linked also to its negligent default, which may be, for example, due to lack of respect of specific regulations or rules of prudence and experience or lack of information regarding work risks).
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