DLP Insights

Court of Cassation (sentence no. 17752/2010): clarification about the accident in itinere

Categories: DLP Insights, Case Law

10 Sep 2010
The Court of Cassation hasn’t recognized that an accident so called “in itinere” occurred (and has denied the relevant restore) to a worker who used to go to work by motorcycle and not by public means of transport. The Supreme Court has clarified that personal choice – although lawful – of using the personal means of transport instead of public ones cannot be considered for an indemnification and cannot be charged to the community. In fact, INAIL insurance covers only the situations in which workers are obliged to go to work by personal means of transport and not when there is a satisfactory transport service.

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