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THE EXEMPLARY DAMAGE IN THE INAIL (ITALIAN INSURANCE FOR THE ACCIDENT ON WORK) IL MACRODANNO NELLA DISCIPLINA INAIL

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TAGETE -ARCHIVES OF LEGAL MEDICINE AND DENTISTRY

TAGETE 4-2008 Year XIV

THE EXEMPLARY DAMAGE IN THE INAIL

(ITALIAN INSURANCE FOR THE ACCIDENT ON WORK)

IL MACRODANNO NELLA DISCIPLINA INAIL

Avv. Marco Zavalloni

*

ABSTRACT

The author analyzes some jurisprudential aspects of the new regulation of the INAIL. In particular the author analyzes the correct procedure to calculate the exact amount of money owe to the worker that has suffered an accident on work or is affected by an occupational disease, with regard to the differences between the old and new procedure introduced by the D.Lgs 38/2000.

Since the D.Lgs 38/2000 protects the biological damage of the worker while the old law protected his earning capacity, a compensation that has been stated with the old procedure can’t be add to a compensation stated with the new procedure.

Key words: biological damage, earning capacity, workers’ compensation.

* Avvocatura Regionale INAIL Emilia Romagna

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