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The work accident is the subject of the compulsory Inail insurance and represents the event in which the insurance protection is activated automatically on the basis of the principle of automatic benefits enshrined in art. 67 of your 1124/65.
In accordance with art. 2 of your 1124/65, the insurance includes all accident cases occurred by:
- Violent cause
- On the occasion of work
- Which resulted in an injury that resulted in:
- The dead
- A permanent total or partial incapacity to work.
- an absolute temporary disability that implies abstention from work for more than three days.
The violent cause
The violent cause is external to the worker’s person (therefore linked to the work environment) and:
- It acts quickly to the detriment of the worker causing the injury.
- Acts efficiently (i.e. appropriately) to cause the injury found
The job opportunity
It can be said that an accident occurred at work when it was the work that determined the risk of which the accident is a consequence. Therefore, the worker is protected:
- Both when exposed to the risks inherent in your job
- Both when, due to causes attributable to their work, however, they are exposed to generic risks not directly related to their duties.
Injury
It is about any physical or mental alteration of the organism of the worker susceptible of forensic evaluation from which it derives:
- An absolute temporary disability that entails an absence from work of more than three days.
- An absolute or partial permanent disability
- The dead
- Injury in transit (article 12 of Legislative Decree 38/2000).
The Territorial Directorate of Inail of continental Venice in the valuable “Vademecum” on accidents at school writes “since 2000 the accident that has occurred is also protected, sometimes compatible with the beginning and end of working hours, during the normal round trip from the worker’s home to the workplace and vice versa from the workplace to the place where the food is consumed and vice versa.
The event is protected even if it took place using a private means of transport.
The accident while riding in school.
Nail accidents can be included in insurance when traveling:
- To non-teaching personnel (the “administrative” employees of the school)
- To teachers, if they are considered insured subjects.
Nail performance: characteristics
What are Inail’s performances and what characteristics do they have? This is clarified once again in his Vademecum by the Territorial Directorate of Venice on the continent in his vademecum “Inail and the school.
The criteria that govern the provision of Inail services are the following:
- Automatic execution even in case of non-payment of the premium by the employer
- Inalienable, non-transferable, non-transferable, credit seizure (except for the legal costs inherent to the procedure) The action does not compete in the case of a simulation of an accident or an intentional aggravation of the consequences.
The accident report at the school.
All accidents, including those occurring on the go to non-teaching staff employed directly by the school, must be reported to Inail as they occur.
- Of the workers protected in accordance with art. 4 you 1124/65
- Of workers who normally carry out protected activities in accordance with art. 1 your 1224/65.
Accidents that occur to teaching staff should be reported to Inail only if the injured teacher is protected in accordance with art. 1 and 4 tu 1124/65 (that is, if you regularly use electrical machines or if it is usually used for technical practices, laboratory exercises, etc.). In any case, once the accident report has been received from a teacher, Inail will send a special ‘school questionnaire’ to verify the protection requirements, to which the school must respond promptly.
If the teacher is protected for his usual activities, he is also protected against the traffic accident reported to Inail. In this case, in addition to the school questionnaire, Inail will send a continuous questionnaire to both the injured party and the school.
The students
Accidents suffered by students must be reported to Inail only if they carry out the activities provided for in point 28 of art. 1 tu 1124/65 (that is, if the injury occurred during practical exercises, physical education, or activities similar to these).
Accidents that occur during normal teaching or recreational activities (for example, accidental falls in the classroom or during breaks) should never be reported because they are attributable to activities not provided for in art. 1 of your 1124/65.
For the same reasons, traffic accidents to students should never be reported.
Examples of exclusion from protection for students:
- Accident while traveling (home / school and school / trip home)
- The injury occurred during recess
- Injury occurred when falling down stairs
- Accident occurred in the classroom during the theoretical lessons
- Accident occurred at the entrance or exit of the school complex
• Accident occurred on a school trip, ski vacation, during cultural visits that do not constitute an extension of a practical exercise.
Student white week is not an extension of exercise science hour and is excluded from protection.
The accident report
The obligations of the worker and the employer in the event of an accident are:
- The worker must immediately notify his employer of any accident, even minor, that may occur: if he does not do so, he loses the right to compensation for the previous days (art. 52 tu 1124/65).
- The employer must report to Inail all accidents with a prognosis of more than three days, within the two days following the date of receipt of the medical certificate, regardless of any evaluation (article 53 tu 1124/65), under penalty of a fine from a minimum of € 1,290.00 to a maximum of € 7,745.00 (Law 298/2006, 2007 budget) also applicable to public administrations, therefore also to educational centers. Sundays are not counted in the calculation of the two days / 48 hours.
Operating procedures
These are the operating modes:
- The report must be submitted within 48 hours of receipt of the medical certificate only if the contained prognosis exceeds the third day after the injury.
- If the forecast contained in the medical certificate does not exceed the third day following the accident, the report should not be submitted to Inail because the forecast does not exceed the minimum compensable period (the so-called deductible).
- If the accident has caused death or there is danger of death, the report must be made by telegram within 24 hours of the institution.
- The breach of the obligations by the employer implies the application of an administrative sanction, as already mentioned, on whose presentation Inail has no discretion, since this sanctioning power corresponds to the National Labor Inspectorate (INL), while Inail is limits only to activating the related procedure.
Presentation mode
The most recent provisions on communications between users and the public administration (Legislative Decree 82/2005; Legislative Decree 82/2005 – Article 38, section 5 converted into Law 122/2010 and Decree of the President of the Council of July 22, 2011) They provide for telematic communications directed to the public administration.
Therefore, the electronic presentation of the accident report has become mandatory as of July 2013. The territorial management of Peninsular Venice clarifies very well how the accident report should be carried out and what the employer’s obligations are.
In the event of a deductible forecast, as of October 12, 2017, all employers are obliged to send the electronic communication of the accident for statistical and informative purposes within 48 hours of receiving the medical certificate for work accidents with absence of work of at least one day, excluding the event (circ. 42/2017).
Are communication and reports the same?
Communication and notification of accidents are two different acts: one does not replace the other. In the case of an extension of the forecast that was originally in the deductible, the communication must be converted into an accident report.
The telematic accident report through the educational information system
The SIDI (educational information system) is a reserved area where applications (and related communications) are available to school secretariats and central and peripheral administration offices that have the task of acquiring, verifying and managing data. that the information system collects and processes following a specific memorandum of understanding signed with Inail, as of 02/10/2013 the new sidi functions are available for sending accident reports “online” for safe purposes (iur nota prot 2373 of 10/2/2013).
The SIDI platform
The SIDI platform is managed by MIUR and, in collaboration with Inail, allows the sending of electronic accident reports. Therefore, any malfunction of the platform should not be reported to Inail’s office with territorial jurisdiction for the accident to be reported, but to its institutional representatives.
Electronic communication of accidents through the educational information system
With a note dated November 20, 2017, prot. No. 2736, MIUR has communicated that by accessing the “Inail accident report management” area of SIDI, it is possible to select the type of compliance: accident communication / accident report. When selecting the accident report, it is therefore possible to proceed with the insertion of a new communication by choosing the “account statement” or the “ordinary” management, depending on the type of worker. Once all sections have been completed, it is possible to send the accident communication in cooperation with the application.
The electronic report / communication of an accident: temporary unavailability of the SIDI
If it is not possible to send the accident report / communication online, the employer is obliged in any case to send the report to Inail within 48 hours after receiving the first certificate. In these circumstances, the report can be sent by certified email to the competent Inail office, strictly together with the printout of the error returned by the SIDI portal, an obstacle to the electronic submission of the accident report. Sending by certified email is allowed only in cases of temporary unavailability of computer systems. This fact, however, must be proven. Otherwise, the institute cannot accept the complaint sent through pec.
The report sent by certified email must be written exclusively in mod. 4 – bis ra (can also be completed online at https://www.inail.it/cs/internet/docs/ucm_089654_2443090595795.pdf?section=servizi-per-te) downloadable from the site www.Inail.it and it must be dated, stamped and signed by the director or digitally signed. The impressions of the fields filled in the sidi are not equivalent to mod. 4-bis ra
The site www.Inail.it
On the Inail website there is a database related to the magnitude of the accident phenomenon (also related to management on behalf of the state and to accidents of public school students), detailed information is available on the topics treated so far and updates can be found. on:
- To legal obligations
- To the sanctioning system
- To all the services provided by Inail.
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