Regresso dell’INAIL e risarcimento del lavoratore in caso di infortunio o malattia professionale: un problema ancora aperto

Abstract

The essay addresses the double problem which, in the event of an accident or professional illness, arises with respect to the determination of the compensation legitimately exercisable by the social insurer (here considered limited to the action against the third party responsible outside the insurance relationship) and the overall compensation attributable to the injured worker, in the context of compensation and civil compensation for damage.
Contrary to the granitic orientation expressed by the Supreme Court, the hermeneutic solution based on the application of an exquisitely quantitative criterion for determining the two competing claims, free from qualitative distinctions of the different amounts of damage, is revealed, in light of the hermeneutic path followed in the analysis, the most satisfactory (also) on a teleological level, guaranteeing the most reasonable balance between the need for protection of the worker – inspired by the supreme value of health (art. 32 of the Constitution) and the civil principle of complete compensation for damage – and the (not negligible) need to guarantee efficiency and sustainability of the social security system.