INTRANET
Copyright 2020 - Quorum Studio Legale e Tributario Associato - Credits

Accidents at work – burden of proof

Supreme Court, Labour Section, Order n. 10404 of 1 June 2020

The recognition of an occupational disease does not automatically also imply recognition of the employer’s responsibility pursuant to Article 2087 of the Italian Civil Code, since it is the burden of proof lies with the employee who complains of having contracted such disease, who must prove the employer’s violation and the material motivational link between the violation and the damage caused.

Accidents at work – burden of proof

Supreme Court, Labour Section, Order n. 10404 of 1 June 2020

The recognition of an occupational disease does not automatically also imply recognition of the employer’s responsibility pursuant to Article 2087 of the Italian Civil Code, since it is the burden of proof lies with the employee who complains of having contracted such disease, who must prove the employer’s violation and the material motivational link between the violation and the damage caused.