It is not automatically accepted in the event of an accident.
As is known, following an accident at work related to an unlawful act by the employer, the employee can request, pursuant to art. 2059 of the Civil Code, compensation for any non-pecuniary damage sustained, in three cases: a) when there are extreme violations, possibly due to contravention of the health and safety at work regulations; b) if the injury has caused serious prejudice to the inviolable rights of the person protected by the Constitution; c) when there is another case for a claim expressly provided for by a specific law.
However, this compensation, as reiterated by a recent order of the Supreme Court (n, 26996/2018), is not automatically given to the injured worker. They must request it and prove its existence, by any means of proof: witness or documentary, but also by means of simple assumptions. (LC)
