Acceso usuarios
Alberto Avio
The «biologico» damage issue in labour law concerns both employer's illegitimate behaviour and industrial accidents. The first point involves the difference between the «biologico» damage and «personalitá» damages as different kinds of pain and suffer-ing. As regards the other point, case-law tends to equalize dam-ages to person and industrial accident insurance benefits. That is an historical difference arose at the end of the last century and caused by the absence, at the time, of the category of objective lia-bility in our system. However, it is difficult actually to compare damages to person and insurance benefits; moreover, the case-law on the issue seems to ignore art. 38 Cost.
