Coronavirus, regresso e danno differenziale. Contributo al dibattito = Coronavirus, regression and differential damage. Contribution to the debate. WP C.S.D.L.E. “Massimo D’Antona”.IT – 420/2020 =

Sandulli, Pasquale and Pandolfo, Angelo and Faioli, Michele (2020) Coronavirus, regresso e danno differenziale. Contributo al dibattito = Coronavirus, regression and differential damage. Contribution to the debate. WP C.S.D.L.E. “Massimo D’Antona”.IT – 420/2020 =. [Working Paper]

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Abstract

Section 42, para. 2, Act 18/2020 defines, on one side, a special workers’ protection for recovering damages for workplace injuries related to Covid19, and, on the other side, a special regime for the employer’s liability exclusion in case of safety at work regulations’ fulfillment. Focusing on this second element, the essay underlines that Covid19 appears to be far from the legal notion of accident at work, as it was developed by the Italian labor system. The essay also indicates a viewpoint for the introduction of possible reforms: it is suggested to better combine the employer’s liability special regime with a more clear regulation on the negligence of the employer to prevent Covid19 injuries as well as with regulations dealing with the tort suit approach that social security public institutions and/or worker may have against the employer.

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