What the 'danno differenziale' is, in plain words

After an injury at work, many people receive a payment from INAIL and think the matter is closed. In most cases it isn't, and the difference can be significant.

What INAIL covers, and what it doesn't

INAIL is compulsory insurance. It pays out regardless of who caused the injury, and that is a good thing: the protection is there even when nobody was at fault. But precisely because it is insurance, it compensates according to tables that are the same for everyone, and it covers only some items of damage.

Typically left out, wholly or in part:

• the effects on daily life and relationships, beyond the percentage recognised
• non-pecuniary damage, meaning the suffering endured
• the part of your income not covered by the benefit
• some costs for treatment, travel and care

Where the difference comes from

The point is simple to state: if the injury happened because of the employer's responsibility, the worker is entitled to full compensation for the damage under the ordinary rules of civil liability. INAIL has already paid part of it. That part is deducted. What remains is the danno differenziale, the differential damage.

It is not up to the worker to prove fault

This is what surprises the people who call us most. In an employment relationship the employer has a duty of safety: they must take the measures needed to protect the health of those who work for them. If an injury happens, it is the employer who must prove they did everything required.

That changes the worker's position a great deal, since they often arrive convinced they have to prove on their own that someone made a mistake.

What if I made a mistake myself?

Distracted or careless behaviour by the worker does not, on its own, rule out the employer's responsibility: it is among the risks that the organisation of safety has to prevent. Things change only in the face of conduct that is completely abnormal and unrelated to the job.

What you need, in practice

1. the complete medical records, from the first visit onwards
2. the INAIL documents: the report, minutes, notices about the percentage recognised
3. anything about how it happened: photographs, names of those present, earlier complaints
4. documents on the training received, protective equipment, the risk assessment

Timing matters

Rights in this area have limitation periods, which differ depending on what is being claimed. And regardless of the deadlines, the more time passes the harder it becomes to reconstruct what happened: places change, witnesses move away, documents get lost.

If you suspect your case falls into this situation, the most useful thing is to talk about it early, even just to be told it doesn't.