Death At Work: Liability, INAIL Benefits And Compensation For Family Members In 2026

Has a family member died at work or while commuting to or from work? Discover who may be held responsible, what benefits INAIL provides, what additional compensation the family may be entitled to in 2026, and why it is crucial to act immediately with the assistance of a lawyer.

When a person dies while carrying out their work duties, as a result of an occupational disease, or while travelling between home and work, their family is suddenly faced not only with grief, but also with investigations, INAIL procedures and the assessment of potential compensation claims.

In these situations, it is important to distinguish immediately between two separate aspects:

• on the one hand, INAIL benefits, which may be available to surviving family members if the legal requirements are met;
• on the other hand, additional compensation, which may be claimed from those responsible when the death is connected to breaches of workplace safety obligations, organisational shortcomings or negligent conduct.

The first few hours are crucial.

Before signing documents, accepting insurance offers or passively waiting for the outcome of investigations, it is advisable to gather all available evidence and assess the case with a lawyer.

When Is a Death Considered a Workplace Death?

A death is considered a workplace death when it is connected to work activities or to a risk associated with employment.

This definition includes various situations:

• death occurring during work activities;
• death occurring after a workplace accident, even where death takes place hours, days or weeks later;
• death caused by an occupational disease;
• death occurring while commuting (“in itinere”), namely during the usual journey between home and work, between two workplaces, or during other work-related travel.

This distinction is important because it affects both the recognition of INAIL benefits and the potential civil or criminal liability of those involved.

A fatal construction site accident, for example, requires different investigations compared with a fatal road accident occurring during commuting.

A fatal occupational disease, on the other hand, requires an analysis of the link between workplace exposure, preventive omissions and the illness itself.

Who Can Seek Protection Following a Workplace Death?

After the death of a worker, not all family members have the same legal position.

A distinction must be made between those who may receive INAIL benefits, those who may seek compensation for the loss of the family relationship, and those who may assert rights as heirs.

For survivors’ pensions, INAIL identifies the spouse (or civil partner) and children as the primary beneficiaries.

In the absence of these individuals, parents, brothers and sisters may qualify.

From a compensation perspective, family members who can demonstrate a genuine emotional relationship with the deceased may also be entitled to damages.

Typically, courts consider spouses, children, parents, brothers and sisters and, in some circumstances, other relatives or cohabitants. However, each case is assessed individually.

Furthermore, heirs may claim damages accrued directly by the deceased before death, provided that a significant period elapsed between the accident and the death.

What Families Should Do After a Fatal Workplace Accident

Following a fatal workplace accident, families often find themselves facing a complex legal and administrative maze.

Below are the key steps that should be taken immediately and in the short term to protect their rights.

1. Immediate Activation of INAIL Benefits

INAIL must be informed of the incident within 24 hours, usually by the employer or the relevant authorities.

In the event of a workplace death, the victim’s family members may be entitled, subject to the legal requirements, to a number of financial benefits provided by INAIL.

These benefits are insurance and social security protections intended to provide immediate financial support to surviving relatives following the incident.

The main benefits include:

• Survivors’ pension, granted to eligible family members under the conditions established by law.
• Funeral allowance, provided as a contribution towards funeral expenses.
• Support Fund for Families of Victims of Serious Workplace Accidents, which may provide additional financial assistance in cases provided for by law.

One essential point must be clarified: INAIL benefits do not exhaust all of the family’s rights.

INAIL intervention provides immediate protection but does not replace the right to pursue full compensation from those responsible.

For this reason, following a fatal workplace accident it is crucial to verify immediately:

• which INAIL benefits are available to surviving relatives;
• which documents must be submitted;
• whether grounds exist, in addition to INAIL benefits, for pursuing further civil compensation.

2. Appointment of a Lawyer and Technical Experts

It is essential to seek assistance from a lawyer immediately.

Autopsy Examination

The Public Prosecutor’s Office will almost certainly order an autopsy.

The family has the right to appoint its own forensic medical expert to participate in the examination.

Preservation of the Accident Scene

A privately appointed technical expert should monitor inspections of machinery or construction sites placed under seizure to ensure that crucial evidence is not overlooked, contaminated or ignored.

Important: do not sign any settlement agreement, release or discharge document with the company or its insurers before consulting your lawyer. You may unknowingly waive fundamental rights.

Joining the criminal proceedings as a civil party (parte civile) is also extremely important because it allows the victim’s relatives to participate actively in the proceedings, not merely as witnesses but as parties seeking justice and compensation.

3. Civil Compensation Claims (“Differential Damages”)

In addition to INAIL benefits, the victim’s relatives may be entitled to seek further compensation from the employer or other responsible parties where the fatal accident resulted from breaches of safety obligations or other negligent conduct.

This compensation concerns losses not fully covered by INAIL and may include, depending on the circumstances:

• Damages for loss of the family relationship, representing the harm suffered by relatives due to the permanent loss of their loved one.
• Moral damages, reflecting emotional suffering and psychological distress caused by the worker’s death.
• Damages iure hereditario, which heirs may claim where a significant period elapsed between the accident and death, resulting in physical or psychological suffering experienced by the victim.
• Additional financial losses, where the worker’s death has caused economic harm not compensated by insurance benefits.

In other words, INAIL provides important protection, but it does not always fully compensate all consequences of the event.

Where liability can be established, surviving relatives may bring a civil action to obtain full compensation.

4. Verification of the Digital Points-Based Licence (“Patente a Crediti Digitale”)

The Digital Points-Based Licence is a mandatory digital qualification system for companies and self-employed workers operating on temporary or mobile construction sites.

Introduced to raise safety standards, it functions similarly to a driving licence, but applied to workplace compliance.

Since 1 October 2024, all companies and self-employed workers physically operating on temporary or mobile construction sites have been required to hold this licence, or at least demonstrate that an application was submitted via certified email (PEC).

A company’s licensing position may have evidential significance, and a lawyer may request its acquisition during legal proceedings.

If a company was operating with insufficient or suspended points, its position becomes considerably more serious in litigation, making it easier to establish liability.

5. Psychological and Trade Union Support

Many organisations, including ANMIL (National Association of Disabled and Injured Workers), as well as trade unions, offer free support services for initial psychological assistance and guidance regarding pension and welfare procedures involving INPS and INAIL.

What Families Should Do After a Fatal Workplace Accident: Summary

• Activate INAIL benefits immediately (survivors’ pension, funeral allowance, support fund for victims of serious workplace accidents).
• Appoint a lawyer and technical experts immediately (forensic physician, engineer) to monitor the autopsy and technical inspections.
• Do not sign releases or settlement agreements with the company or insurers without legal assistance.
• Joining criminal proceedings as a civil party allows the family to participate actively and seek full compensation.

What Family Members Are Entitled To: INAIL Benefits and Civil Compensation

After a fatal workplace accident, the family must assess two distinct areas: INAIL benefits and civil compensation.

The distinction is essential.

INAIL provides important protection, but it does not automatically replace the right to full compensation when a fatal event results from negligent conduct or breaches of workplace safety regulations.

Why Are People Still Dying at Work in Italy in 2026?

If workers continue to die in the workplace in 2026, the cause must be sought in a cultural legacy that society has still not managed to overcome, one that continues to place profit and production speed above safety.

Inspections often prove insufficient, while mandatory training is frequently inadequate or bypassed through false certifications.

Despite targeted workplace safety campaigns, statistics show that workplace accidents and deaths remain a constant emergency.

According to INAIL’s provisional 2025 data, reports of workplace accidents and occupational diseases remain high, with fatal cases continuing to affect mainly the construction, logistics, industrial and agricultural sectors.

The INAIL 2025 Report

In 2025, the number of fatal workplace accident reports received by INAIL by 31 December was 1,093, representing an increase of three cases compared with the 1,090 reported in 2024.

Of these:

• 1,085 involved workers
• 8 involved students participating in school-to-work programmes

As INAIL itself specifies, these figures remain provisional pending final consolidation.

Looking only at workers, the overall increase amounts to eight cases. However, the most important point is that the increase does not derive from accidents occurring during work activities, but entirely from commuting accidents.

Fatal commuting accidents increased from 280 to 293, an increase of 4.6%.

Fatal accidents occurring during work activities decreased slightly from 797 to 792, a reduction of 0.6%.

The data should therefore be interpreted as follows:

The overall number of deaths has not genuinely improved. Rather, the composition of the risk has changed.

While there has been a slight decrease in workplace fatalities, this improvement has been offset by an increase in deaths occurring during journeys between home and work.

In practical terms, road-related risks continue to play a major role in overall occupational mortality.

Gender Differences

INAIL highlights a particularly significant difference between men and women.

For men:

• 75.6% of deaths occur in the workplace

For women:

• 54.3% of deaths occur while commuting

This is one of the most significant findings in the report because it demonstrates that occupational mortality is distributed differently between men and women.

Multiple-Fatality Accidents

Another important aspect concerns accidents involving multiple fatalities.

In 2025, INAIL recorded:

• 14 multiple-fatality accidents
• 33 total deaths

In 2024 there had been:

• 12 multiple-fatality accidents
• 39 total deaths

Therefore, the number of such incidents increased, even though they caused fewer overall fatalities.

Within this category, vehicle collisions became significantly more prominent, accounting for:

• 23 deaths in 2025
• 12 deaths in 2024

Key Conclusions from the INAIL Data

The INAIL data on fatal accidents reveal three main points:

• Fatal accident reports in 2025 remained substantially stable but showed a slight increase.
• The most significant concern is the rise in commuting-related deaths.
• Multiple-fatality accidents remain a serious issue, with road traffic playing an increasingly important role.

Behind these figures are the stories of people who died while working or travelling for work.

There are construction sites where people work at height without adequate protection.

There are exhausting shifts.

There are safety procedures that are completely ignored because nobody checks compliance.

There is also a constant shifting of responsibility among those involved.

Taking a realistic and uncompromising view, the main causes identified in practice include:

• Safety measures are sacrificed to reduce costs → Profit takes priority.
• Worker training is inadequate or absent → Lack of training.
• There are insufficient inspections and workplace controls → Inadequate enforcement.
• Work is fragmented, reducing accountability and oversight → Breakdown of work organisation.
• Workers are not adequately prepared, as demonstrated by increasing accident rates among older workers (over 50) and foreign workers → Demographic factors.
• Available advanced prevention technologies are underutilised → Failure to use technology.

Why Workers Continue to Die in 2026: Summary

• Workplace deaths are not acts of fate, but consequences of organisational choices, omissions and inadequate oversight.
• Construction, logistics, industry and agriculture remain the sectors most affected, with 2025 INAIL data still showing alarming figures.
• The main causes are cost-cutting on safety, inadequate training and insufficient inspections.
• An ageing workforce, insufficiently trained foreign workers and the failure to utilise technology further increase risks.

Who Is Responsible in the Event of a Fatal Workplace Accident?

In the event of a fatal accident or fatal occupational disease, criminal, civil and administrative liability does not vary significantly according to the type of event itself, but important differences arise depending on the context:

• industrial environments;
• construction sites;
• offices;
• commuting accidents;
• the circumstances involved;
• and the apparent cause, such as falls, machinery accidents or asbestos exposure.

The principal legislation is Legislative Decree No. 81/2008 (the Consolidated Workplace Safety Act), which establishes a chain of responsibility activated whenever a fatal workplace incident occurs in order to determine whether any omissions have taken place.

Although criminal and civil liability generally falls primarily on the employer, who has a legal duty to protect the health and safety of employees, the actual responsible parties must be identified based on:

• what happened;
• how it happened;
• and where it happened.

The conduct of the victim may also influence compensation assessments, although it does not automatically exclude the employer’s liability.

The following situations should therefore be distinguished:

• Fatal industrial accidents.
• Fatal construction site accidents.
• Fatal accidents in offices or low-risk workplaces.
• Fatal occupational diseases.
• Fatal commuting accidents (“in itinere”).

Liability for Fatal Industrial Accidents

In factories, industrial plants and warehouses, accidents are often sudden and may involve:

• falls;
• crushing injuries;
• explosions;
• machinery accidents;
• exposure to hazardous chemicals.

Liability Employer

The employer may be liable where they have failed to comply with the General Protective Measures required by Legislative Decree No. 81/2008, including:

• maintenance obligations;
• personal protective equipment (PPE);
• safety signage;
• worker training;
• preparation and updating of the Risk Assessment Document (DVR).

Managers and Supervisors

They may be liable if they allowed individuals to work without adequate training or qualifications, or if they failed to enforce safety procedures.

Workers’ Safety Representatives (RLS) and Occupational Physicians

They may be involved where they failed to report critical issues or neglected required monitoring activities.

INAIL

INAIL recognises workplace accidents and pays benefits to survivors regardless of the outcome of criminal proceedings.

High-Risk Scenario

Occupational diseases developing over time due to workplace conditions (such as asbestos exposure, fumes, excessive noise or repetitive movements).

These situations may result in both civil and criminal liability for the employer where preventive measures, remediation or health surveillance have been omitted.

Liability for Fatal Construction Site Accidents

On construction sites and major infrastructure projects, the most common causes of fatal accidents include:

• falls from height;
• scaffold collapses;
• crushing incidents involving earth-moving machinery;
• electrical accidents.

Liability Employer of the Contractor Carrying Out the Works

The employer remains the primary responsible party and has extensive obligations relating to supervision, coordination and safety management.

Principal Contractor and Safety Coordinators (CSE and CSP)

They may be held liable if they:

• failed to properly coordinate contractors and subcontractors;
• failed to verify the suitability of subcontractors;
• failed to impose or enforce required safety measures.

Site Managers, Supervisors and Foremen

Liability may arise where workers were allowed to operate:

• in unsafe areas;
• without suitable personal protective equipment (PPE);
• without guardrails, barriers or fall-prevention systems.

INAIL

INAIL pays survivors’ benefits without affecting any criminal or civil liability of employers or other responsible parties.

Liability for Fatal Accidents in Offices and Other Low-Risk Work Environments

Fatal incidents can also occur in offices or workplaces generally considered low risk.

Examples include:

• falls;
• cardiac arrests linked to extreme work-related stress;
• accidents involving light machinery;
• fires;
• collapse of furniture or workplace structures.

Liability Employer

The employer may be liable where they have failed to:

• provide basic safety training;
• assess even low-level workplace risks;
• ensure adequate emergency exits and escape routes;
• maintain compliant electrical and safety systems;
• implement appropriate health surveillance measures.

Prevention and Protection Service Managers

They may be liable where they have failed to assess specific risks, including:

• work-related stress;
• ergonomic risks;
• pre-existing medical conditions.

INAIL

INAIL may recognise the event as a workplace accident and, in certain cases, may also recognise damage resulting from stress-related conditions, granting benefits to surviving relatives.

Civil and Criminal Liability

Where an employer ignored reports concerning:

• a worker’s fragile health condition;
• situations of severe stress;
• other warning signs,

criminal and civil liability may arise even in the absence of heavy machinery or traditionally hazardous working environments.

Liability for Fatal Occupational Diseases

When an illness caused by work activities results in death, liability differs significantly from that arising from a sudden accident.

Examples include:

• asbestosis;
• occupational cancers;
• diseases caused by noise or vibration exposure;
• serious musculoskeletal disorders;
• chronic pathological stress.

Liability INAIL

INAIL may recognise the disease as an occupational disease and provide benefits to surviving family members.

Employer Civil Liability

The employer may be liable where they have failed to provide:

• personal protective equipment;
• health surveillance;
• risk assessments;
• adequate training;
• remediation measures;
• risk reduction measures.

Criminal Liability

The employer may be prosecuted for manslaughter through negligence where the disease is attributable to serious omissions.

Examples include:

• prolonged exposure to carcinogenic substances;
• absence of monitoring systems;
• failure to implement legally required preventive measures.

Occupational Physicians and Safety Managers

They may also be held liable where they underestimated, ignored or failed to report known risks.

Liability for Fatal Commuting Accidents (“In Itinere”)

A commuting accident (“infortunio in itinere”) is an accident occurring:

• during the normal journey between home and work;
• between work and meal breaks;
• between different workplaces;

provided the route is the usual one and any interruptions are justified by legitimate reasons such as:

• work requirements;
• physiological needs;
• unavoidable circumstances during travel.

Liability INAIL

INAIL treats commuting accidents as workplace accidents where the legal requirements are satisfied, including:

• the route taken;
• the means of transport used;
• necessary interruptions;
• overall compliance with statutory criteria.

Employer Civil Liability

The employer may be involved where work organisation has created an excessive risk, for example:

• night shifts;
• excessively long working hours;
• lack of public transport alternatives;
• requirements to travel by private vehicle.

Criminal Liability

Criminal liability is rare and generally limited to exceptional circumstances, such as:

• forcing employees to work at impossible hours;
• requiring the use of dangerous or unsuitable means of transport.

Direct Criminal Liability

In most cases, direct criminal liability falls upon:

• the driver responsible for the collision;
• other third parties involved in the accident.

The employer generally remains protected by the INAIL system unless the work organisation clearly created a foreseeable and excessive risk.

The Conduct of the Deceased Worker

Even after the worker’s death, their conduct may be relevant from criminal, civil and social security perspectives.

Criminal Law

The worker may have contributed to the occurrence of the accident through serious negligence, such as:

• using unauthorised machinery;
• openly violating safety procedures;
• deliberately ignoring personal protective equipment.

However, primary responsibility generally remains with the employer, managers and supervisors.

Civil Liability

Where the worker’s conduct amounts to serious contributory negligence, the court may reduce compensation payable to heirs pursuant to Article 1227 of the Italian Civil Code.

Nevertheless, compensation is not automatically excluded because the employer retains a duty to supervise workplace safety.

INAIL and Social Security Benefits

The worker’s conduct may result in a reduction of benefits only in specific circumstances expressly provided by law.

Generally speaking, INAIL recognises workplace accidents and occupational diseases regardless of who was at fault.

An Important Principle Confirmed by the Supreme Court

The various forms of liability are not automatically excluded by the worker’s negligent conduct.

The employer has a duty to prevent and supervise even improper employee behaviour, provided that such behaviour is not entirely autonomous and unforeseeable.

The Italian Supreme Court reaffirmed this principle in Judgment No. 6775 of 19 February 2025, stating:

“Even where the worker adopts imprudent behaviour, the employer remains liable if all necessary preventive measures have not been implemented.”

Summary Table of Liability by Type of Event

Liability in Cases of Workplace Death: Comprehensive Table by Type of Event

What Damages Can Be Claimed Beyond INAIL Benefits?

INAIL benefits and civil compensation are not the same thing.

INAIL benefits serve an insurance and social security function. Civil compensation, by contrast, is intended to compensate losses that are not covered, or not fully covered, by INAIL when liability can be established.

In addition to INAIL benefits, which essentially cover basic biological and financial losses, family members may seek what is commonly referred to as differential damages and additional damages.

These are amounts that INAIL does not pay and that must be claimed directly from the employer or its insurer.

The following categories of damages may be claimed in order to obtain full compensation.

Non-Pecuniary Damages (Loss of the Family Relationship)

This is often the most significant category of compensation and relates to the suffering caused by the permanent loss of a loved one.

Damages for Loss of the Family Relationship

These damages may be awarded to:

• spouses;
• children;
• parents;
• brothers and sisters;
• in some cases, grandparents.

The amount is calculated using judicial tables that take into account:

• the age of the deceased;
• the age of the surviving family members;
• whether they lived together.

Moral Damages

These compensate the emotional suffering, grief and psychological distress caused by the death of the worker.

Biological Damages Iure Hereditario

Where the worker did not die instantly and a period of time elapsed between the accident and death, additional damages may be claimed.

Terminal Biological Damage

This refers to the injury to the victim’s health during the survival period between the accident and death.

Catastrophic Damage

This refers to the psychological suffering experienced by a victim who remained conscious and fully aware of the imminent prospect of death.

These compensation claims pass to the heirs.

Differential Financial Damages

INAIL calculates benefits according to standard statutory tables.

The family may seek additional compensation if it can demonstrate that:

• the worker’s actual income was higher than the amount considered by INAIL;
• the family has suffered a greater future economic loss due to the loss of financial support that the deceased would have provided.

Punitive Considerations

Although the Italian legal system remains compensation-based rather than punitive, developments in case law up to 2026 show increasing attention to the seriousness of safety violations.

Where serious and systematic breaches of workplace safety regulations have occurred, the gravity of the conduct may influence the overall assessment of liability and the amount of compensation awarded, within the limits of the Italian compensation system.

Ancillary Expenses Funeral Expenses

Any funeral expenses not covered by the INAIL funeral allowance may be claimed.

Legal and Expert Costs

Families may also seek reimbursement of expenses incurred for:

• lawyers;
• forensic physicians;
• engineering experts;
• other technical consultants involved in the proceedings.

For example, if INAIL grants a pension whose capitalised value amounts to €200,000, but the applicable court tables establish that the loss suffered is worth €800,000, the family may pursue the employer for the remaining €600,000.

Damages Beyond INAIL Benefits: Summary

• INAIL compensation covers only part of the loss suffered; the remainder must be claimed from the employer or its insurer.
• Families may obtain compensation for loss of the family relationship, biological damages iure hereditario, moral damages and differential financial losses.
• Compensation is calculated using the Milan and Rome Court Tables, which take into account age, cohabitation and the strength of family relationships.
• In cases involving serious safety violations, courts tend to award compensation towards the upper end of the available ranges.

Compensation Procedures and Timeframes

Compensation following a workplace death is not automatic.

The timeframe depends on:

• the clarity of liability;
• the availability of evidence;
• the insurer’s position;
• the existence of criminal proceedings;
• the strategy adopted by the family.

Quantification of Compensation

Italian law does not establish a fixed statutory amount for workplace deaths.

Instead, courts rely on the Milan and Rome Court Tables, which remain the principal national references in 2026.

The Points-Based System

The tables assign a score based on several factors.

Age of the Deceased

The younger the victim, the higher the compensation.

Age of the Family Member

A young child generally receives higher compensation than an adult sibling.

Cohabitation

Living in the same household generally increases the amount awarded.

Strength of the Relationship

Courts assess the closeness of the relationship and the presence or absence of other family members.

For example, the loss may be valued more highly where the claimant is an only child.

Indicative Average Amounts

For the loss of a parent or child, compensation may range approximately between:

€180,000 and €350,000 per family member

in addition to any amounts already paid by INAIL.

Expert Reports and Evidence

Without expert evidence, obtaining compensation becomes extremely difficult.

Three main categories of expert reports are usually required.

Technical or Accident Reconstruction Report

An engineer reconstructs the dynamics of the accident.

For example:

• Why did the crane collapse?
• Why did a machine malfunction?
• Could the accident have been prevented?

This evidence is often essential to establish employer liability.

Forensic Medical Report

This report serves to determine:

• whether the victim suffered before death;
• whether terminal biological damage exists;
• the psychological harm suffered by surviving family members.

Psychiatric assessments are frequently required where relatives develop depression or other conditions following bereavement.

Financial Expert Report

This report is used to calculate the loss of future financial support.

It estimates:

• the income the worker would likely have earned;
• the contribution that income would have made to the family over time.

When Is Compensation Actually Paid?

The timing depends on the route chosen.

Out-of-Court Settlement

Where liability is clear and the company is insured, a settlement may be reached within approximately:

12 to 18 months

This is generally the fastest option, although settlement amounts are often lower than those potentially obtainable through litigation.

Criminal Proceedings and Interim Payments

During criminal proceedings, which may last:

3 to 5 years

the court may order the payment of an interim compensation amount once liability has been broadly established.

This commonly occurs after approximately:

2 years

Civil Proceedings

Where no settlement is reached, civil litigation may take between:

4 and 7 years

depending on the complexity of the case.

2026 Developments: A “Fast Track” for Fatal Workplace Accident Claims

Following recent reforms, several courts have introduced organisational protocols aimed at accelerating cases involving workplace deaths.

The introduction of the Digital Points-Based Licence has also encouraged many companies to settle compensation claims more quickly in order to avoid administrative sanctions that could disrupt their business activities for years.

When to Contact a Law Firm

In cases involving a workplace death, families should ideally seek legal assistance within the first 24 to 48 hours following the tragedy.

In these situations, time is the family’s greatest enemy.

While relatives are coping with grief, companies and insurers often begin gathering evidence immediately in support of their own defence.

There are several key stages at which legal representation becomes indispensable.

Before the Autopsy and Technical Inspections

The Public Prosecutor appoints experts to examine both the victim’s body and the accident scene.

Without a lawyer who appoints:

• a forensic physician;
• an independent engineering expert;

all investigations will be conducted solely by experts appointed by the authorities and by the company’s defence team.

Without independent experts, critical technical evidence necessary to establish employer liability may be lost.

Before Making Statements to Authorities

Family members are often interviewed by judicial police officers.

A lawyer acting in your interests can help identify relevant facts, for example:

• whether the worker had previously reported defective machinery;
• whether they had complained about excessive pressure or unsafe working conditions.

Such information may significantly influence the direction of the investigation.

During the Preliminary Investigation Phase

A lawyer can:

• monitor the investigation;
• prevent premature dismissal of the case;
• communicate with the Public Prosecutor;
• request the acquisition of additional witnesses and documents.

These documents may include:

• the Risk Assessment Document (DVR);
• records relating to the Digital Points-Based Licence.

Before Accepting Any Insurance Offer

Insurance companies often contact families and propose settlements that may appear substantial but are, in reality, significantly lower than the amounts indicated by the 2026 Milan and Rome Court Tables.

Nothing should be signed without a legal assessment.

A premature settlement may prevent further compensation claims in the future.

When a Request for Dismissal Is Filed

If the Public Prosecutor decides to close the case without proceeding to trial, family members generally have only a short period, usually 10 or 20 days, to challenge the decision.

A lawyer can review the case file and identify procedural or evidential issues that may justify reopening the investigation.

The international law firm Boccadutri evaluates each case individually and provides tailored assistance based on the specific circumstances and the personal situation of the families of victims of fatal workplace accidents.

Request a consultation with our Personal Injury Department lawyers.

FAQ: Workplace Deaths, Liability and Compensation

Who Is Responsible in the Event of a Workplace Death?

Responsibility depends on the specific circumstances of the case.
Those who may be involved include:
employers;
managers;
supervisors;
principals;
contractors;
subcontractors;
safety coordinators;
other individuals with duties relating to prevention, supervision and safety control.
Liability must always be assessed based on the facts, the applicable regulations and the circumstances surrounding the event.

Is the Employer Always Responsible for a Fatal Workplace Accident?

No.
Liability must be established through a proper investigation.
However, employers have extensive obligations concerning workplace safety and cannot simply attribute a fatal accident to bad luck or to a worker’s mistake without proving that they implemented all appropriate preventive measures.
The employer has a legal duty to organise work safely and to adopt all necessary measures to protect employees.

What Happens If the Worker Made a Mistake?

A worker’s mistake may affect the assessment of the case, but it does not automatically exclude the liability of those responsible for workplace safety.
It is necessary to determine:
whether the mistake was foreseeable;
whether it was encouraged or facilitated by the organisation of work;
whether training was inadequate;
whether supervision was lacking.
Even where a worker behaves imprudently, employers remain responsible if they failed to adopt the preventive measures required by law.

What Is the Difference Between a Workplace Death and a Commuting Death?

A workplace death occurs during work activities or as a consequence of work-related risks.
A commuting death (“in itinere”) occurs during a journey connected to work.
Examples include:
travelling between home and work;
travelling between different workplaces;
certain journeys linked to work duties.
Both types of events may be recognised by INAIL.
However, civil liability may differ significantly depending on how the incident occurred.

Who Can Claim INAIL Benefits?

As a general rule, survivors’ pensions may be available to:
spouses;
civil partners;
children.
In the absence of these individuals, benefits may also be available to:
parents;
brothers and sisters;
provided that the legal requirements are satisfied.
Each case must be assessed individually.

Does INAIL Cover All Losses?

No.
INAIL may provide important financial benefits, but it does not necessarily compensate all losses suffered by family members.
Where liability exists, families may be entitled to seek additional compensation from the responsible parties.
INAIL benefits and civil compensation are separate legal remedies.

What Damages Can Family Members Claim?

Depending on the circumstances, family members may seek compensation for:
loss of the family relationship;
moral damages;
financial losses;
damages iure hereditario;
differential damages not covered by INAIL.
The specific categories of damages available depend on the facts of each individual case.

What Should Not Be Signed After a Workplace Death?

Family members should not sign:
settlement agreements;
releases;
waivers;
discharge documents;
agreements with employers or insurance companies;
without first obtaining legal advice.
Signing such documents prematurely may reduce or completely eliminate the possibility of pursuing further compensation claims.

What Documents Are Needed?

The documentation required may include:
INAIL documents;
employment contracts;
payslips;
medical records;
autopsy reports;
official investigation reports;
photographs and videos;
witness details;
communications exchanged with the employer;
workplace safety documentation;
insurance proposals or settlement offers.
The more evidence available, the easier it will be to assess liability and quantify damages.

How Long Does It Take to Obtain Compensation?

The timeframe depends on the route followed.
An out-of-court settlement may be reached relatively quickly.
Criminal proceedings and civil litigation generally require longer periods.
The overall duration depends on:
the technical complexity of the case;
the parties involved;
the disputed issues;
the availability of evidence;
the length of judicial proceedings.
Every case is different and must be assessed individually.