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Closure of INAIL Accident: How to Proceed

In this guide, we will explain how the closure of an INAIL accident works, detailing the rights of workers and the legal obligations for employers. At any time, a worker may suffer an injury or occupational illness, resulting in temporary or permanent incapacity to work.

For this reason, employers must insure their workers with INAIL, the National Institute for Insurance against Workplace Accidents. In specific circumstances, it is necessary to open an INAIL accident claim to benefit from the indemnities provided by law during the period of incapacity to work. Here is everything you need to know.

What is a Workplace Accident?

A workplace accident is a traumatic event caused by exposure to a risk in the workplace or during work-related activities in a work environment, making it impossible to perform job duties for a certain period.

The law requires a specific insurance policy and obligations to compensate workers who suffer such events. This policy also covers accidents occurring during the commute between home and the workplace or vice versa (known as “in itinere” accidents).

A workplace accident refers to any injury to a worker occurring during work, resulting in work incapacity that can be:

  • Permanent: Either absolute or partial.
  • Temporary: Requiring absence from work for more than three days.

INAIL manages workplace accidents or occupational illnesses, providing protection for both workers and employers. These accidents also apply to self-employed professionals, who can opt for INAIL or other professional insurance entities that offer coverage during emergencies in their offices and work activities.

For example, regarding COVID-19, INAIL compensates professionals who, after verification, can prove that their personal infection occurred while carrying out their work activities within businesses and organizations.

Even during smart working, workers are not exempt from the possibility of accidents. However, current legislation does not mandate safety condition checks by SPP (Professional Social Services) experts for agile work.

How to Return to Work After an Accident

In case of an accident, the event must be reported through a specific accident report, which includes four parts:

  1. Worker’s personal information.
  2. Company information.
  3. Worker’s remuneration details.
  4. Description of the incident.

Typically, a labor consultant manages the claim, independently retrieving personal and remuneration information. The employer must provide a detailed description of the accident.

According to current regulations, accidents are managed differently depending on their duration and fall into two specific cases:

  1. Closure of INAIL accidents with a prognosis up to 3 days.
  2. Closure of INAIL accidents with a prognosis exceeding 3 days.

Closure of INAIL Accidents

  • For accidents with a prognosis of up to 3 days:
    • The employer must promptly update the accident register.
    • If the event concludes within three days, no closure certificate is required for the worker’s return to work.
  • For accidents with a prognosis exceeding 3 days:
    • The employer must file an INAIL accident report and notify the Public Safety Authority within 48 hours of receiving the medical certificate.
    • To return to work, a closure certificate issued by an INAIL physician is required. The worker must visit INAIL for the necessary medical examination.

Who Decides to Close the Accident?

The decision to close an accident lies with the INAIL physician, who, after examining the worker and reviewing medical documents, decides whether to terminate work incapacity and declare the worker fit to return or extend the accident and prolong the absence.

After the prognosis period provided by the attending physician, the worker must visit an INAIL clinic for a health assessment, determining whether to continue the accident or issue the closure certificate.

 

Reopening a Closed Accident

In case of relapse, the worker can request to reopen a previously closed accident. This requires:

  • Visiting their attending physician or, in severe cases, the emergency room.
  • Obtaining a certificate confirming the relapse and linking it to the original accident.

A copy of the certificate must be sent to the employer, while the attending physician will forward it to INAIL electronically. INAIL evaluates each case individually before deciding whether to reopen the accident.

Early Return to Work

For accidents with a prognosis of less than 3 days, an early return to work is possible if the worker’s health improves rapidly, with no further documentation or procedures required.

For accidents exceeding 3 days:

  1. The worker must obtain a fitness certificate and a reduction in prognosis from their attending physician.
  2. The updated certificate is sent to INAIL to close the accident and cease related indemnities.

Compensation for Accidents and Indemnity Calculation

Indemnity payments begin the day after the event:

  • Day of the accident: Fully compensated by the employer.
  • First three days: Fully covered by the employer.
  • From the 4th to the 90th day: INAIL covers 75% of the worker’s salary.
  • After the 90th day: INAIL covers 60% of the salary, with the remainder covered by the employer, based on collective labor agreements.

INAIL also recognizes accidents:

  • During normal commutes between home and work.
  • From work to a habitual meal location and back, if no company canteen exists.
  • Between multiple workplaces.

This comprehensive guide ensures a clear understanding of the INAIL accident closure process and workers’ rights and obligations.