Acceso usuarios
Michel Marian
Several decisions delivered by the Constitutional Court, soon afterwards published in 1991, have deeply affected the oyeran arrangement of the industrial accidents insurance so as to enable the employee, in the event of accident, to ask his employer for the compensation of the «biologico» damage, while Inail has been banned from demanding it by way of legal subrogation. On the contrary, in the past, it was commonly believed that the «danno biologico» could be demanded only to the extent that it exceed the total sums paid by Inail and it was caused by a criminal offence.
However, there decrees delivered by the Constitutional Court have raised the delicate question of the relationship between civil damages and damages covered by national insurance and, in particular, of whether the two kinds of damages ought to be accumulated integrally or only partially in favour of the employee. According to the Author, partial accumulation would be preferable, although it is his own intention to point aout the system's general íncongruity and the progressive abandonment of the very function of the industrial accidents insurance, since it is by now a widespread opinion that the Court's decisions have referred injuries to persons due to industrial accidents to the field of ordinary civil liability
