All non-EU and EU citizen workers have the same rights as Italian workers. In case of a workplace accident or illness caused by work, the workers' rights are guaranteed, even if the person involved is not insured. Every worker is entitled to protection by INAIL (National Institution for the Prevention of Accidents in the Workplace) and, depending on the case, health and financial services, even if the employer has not insured the employee.
What is an Injury?
Injury in the workplace
When the employee, because of work that he/she has carried out or because of an event of a physically traumatic nature (for example, falling from a height, being hit by an object, crushed by a weight, burnt by a fire or chemical substance...) reports a physical and/or psychological damage that prevents him/her from working for an extended period, must be assessed be a doctor and be issued with a medical certificate for workplace injuries.
Commuting Injury
Italian legislation also insures the worker for physical and/or psychological damage incurred during the normal journey from his/her place of residence to his/her place of work and vice versa (for example: being involved in a road accident, slipping, falling, being hit by an object...). In such a case, an injury medical certificate is also required.
Work-related illness
This is an illness contracted during normal working activity and caused by work carried out (for example: deafness caused by noise, tumours caused by specific paints or colourants, tumours caused by asbestos fibres, respiratory illnesses caused by silicon...). It must be recognised by a doctor by means of a medical certificate for work-related illness.
What to do, medical certificates and check-ups
If a worker sustains an injury in the workplace or commuting to/from work, he/she must advise, or have somebody advise, his/her employer.
Furthermore, depending on the case, it is necessary to:
- go to the company doctor, if there is one present in the workplace
- go to, or be accompanied to, the Accident & Emergency department of the nearest hospital
- if required, call, or have somebody call the ambulance service on 118
- go to one's own doctor
Always explain to the doctor how and where the accident happened.
In all cases of absence due to illness, the medical certificate is digitally sent directly by the doctor or by the medical facility.
Attestation of illness relating to certificates received are immediately sent digitally to INPS and to the employer.
The worker must check the accuracy and completeness of the residency and contact details in the medical certificate as these are fundamental for medical check-ups; INPS doctors have the right to check that the illness is real.
The worker is obliged to respect the hours when he/she must be found at home, on the address indicated on the medical certificate, i.e. from 09:00 to 13:00 and from 15:00 to 18:00 for workers in the public sector and from 10:00 to 12:00 and 17:00 to 19:00 for workers in the private sector.