The Court’s ruling creates a precedent in Milan
A recent ruling by the Labor Court of Milan has created an important precedent regarding accidents occurring during teleworking. This case highlights the legal challenges associated with new forms of work in the post-pandemic era.
The accident and the first controversies
In September 2020, a Milanese customs officer working from home due to the pandemic injured her ankle while picking up her daughter from school. The employee had obtained permission to be absent briefly during working hours for this parental duty. The National Institute for Insurance against Accidents at Work (INAIL) initially refused to recognize the accident as an accident at work, defining it as a “generic risk” common to all citizens.
The court’s decision
The Labor Court of Milan ruled in favor of the worker, condemning INAIL to pay compensation of approximately 10,000 euros. This decision, although less than the 71,000 euros initially requested, represents a significant victory for the rights of telecommuting workers.
Legal topics
The judge underlined that the worker’s protection extends to the moments in which he leaves or returns to the workplace, even during breaks or authorized absences. The judge held that these interruptions are not arbitrary choices of the worker, but are justified by the exercise of essential personal rights.
Implications for the future of work
This legal decision sets an important precedent in the context of smart work, recognizing that the boundaries between professional and personal life are becoming increasingly blurred. It highlights the need to adapt labor laws and insurance policies to the reality of telecommuting and flexible working hours.
Conclusion
The Milan case marks a turning point in Italian labor jurisprudence, and potentially beyond. It paves the way for a redefinition of the responsibilities of employers and insurers in the context of teleworking. This decision could influence future telecommuting policies and insurance practices, recognizing the complexity of the situations modern workers face between work and personal responsibilities.
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Francesca Bianchi graduated in economic law from the University of Milan and obtained a Master’s degree in financial risk management. She has worked for several years in major international banks, specializing in European banking regulations, such as MIFID II and IFRS 9. Passionate about sustainability and ESG (environmental, social and governance) regulations, Francesca is committed to helping companies comply with new laws Europeans. His contributions to ComplianceJournal.it are widely appreciated for their clarity and analytical depth.
