That’s when the INAIL has to liquidate as an occupational disease this widespread annoyance in ufficio-proiezionidiborsa.it
It is now known that a sedentary position in the office can cause neck and back discomfort. A good rule is, in fact, after sitting for many hours to get up and maybe do some quick exercise. In many cases, these pains remain annoyances that do not lead to real pathologies. In other cases, on the other hand, adopting non-ergonomic positions for many hours a day, and perhaps for years of use, can lead to complications. Let’s see if INAIL is required to consider this type of pain as an occupational disease and, therefore, to liquidate the due compensation.
The work can put employees’ health at risk. In fact, article 2.087 of the Civil Code provides that the entrepreneur must protectby all means necessary, the physical and mental health of its workers. For example, the boss is required to protect the mental health of his employees also for the behaviors of colleagues. If you create an unhealthy work environment which generates excessive stress or episodes of bullying or stalking occur, the employer may have to answer for it.
Not only, stress at work is an increasingly topical topic of discussion. So much so that in the newspapers we hear more and more frequently about experiments by large companies on short working days or short working weeks.
Employee stress is, in fact, a factor that the entrepreneur must now take into consideration and try to resolve. Especially since a recent sentence of the Court of Cassation has clarified that, under certain conditions, work-related stress can lead to occupational disease which can be indemnified by INAIL.
Physical and mental health at work
Inspired by these principles expressed by the Court of Cassation, the Court of Reggio Calabria, with the recent sentence number 1,927, dealt with a widespread problem at work. And then, that’s when the INAIL must liquidate as an occupational disease back or neck pain.
Back or neck pain-proiezionidiborsa.it
The case addressed by the Court concerned that of a operator of exercise who worked for a transport company. This had started to complain severe pain both in the cervical spine and in the lumbar area of the back.
He was, therefore, forced to take painkillers until the date of the medical checks of the case. Through specialist examinations it emerged how had developed a herniated disc. Consequently, he asked INAIL to activate the compensation provided for in the event of occupational disease. INAIL, however, denied the compensation nonot believing that the derivation of the hernia was proven and neck pain from the work performed.
That’s when the INAIL has to liquidate these common pains as an occupational disease
The Tribunal has, However, overturned the INAIL decision and forced the Public Body to liquidate the compensation to the worker. In fact, following a specific CTU has clarified how the emergence of the hernia and pain in the cervical spine derived from the work done by man.
However, the Court overturned the decision of INAIL-proiezionidiborsa.it
In addition to this, on the basis of the principle established several times by jurisprudence, and now translated into law, anyone who requests recognition of an occupational disease is always allowed to prove the causal link with work. And this regardless of the listing of the disease in the appropriate risk tables provided for each type of work.
