Vittorio De Luca and Antonella Iacobellis for Guida al Lavoro of Il Sole 24 Ore deal with some critical issues resulting from the fact that the “Cura Italia” decree states that the contagion at work from Covid-19 is equivalent to an accident at the workplace.

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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.