Covid, the contagion is an accident: thus the employer is criminally involved

Here are the consequences – Ansa /Courier TV

According to Inail, at the end of September, infections in the workplace from Covid-19 exceeded 54,000. Given that it has reopened the debate on the need for a criminal shield for employers who comply with preventive measures. The current regulations do not in fact exclude the criminal liability of the employer. The comparison made by article 42 of Legislative Decree no. 18/2020 between accident at work and contagion from Covid-19, provides for the relative Inail insurance coverage. And it could involve the entrepreneur in criminal matters for the crimes of injury or manslaughter, in the event of death. This is also the case where the employer’s responsibility is not objective. And that the entrepreneur has fulfilled all the provisions of the rules and regulations. There are many critical points: verifying that the infection actually took place at work. The exclusion of the existence of other causes of contagion and the circumstances relating to asymptomatic positives. All net of civil lawsuits for damages.



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