Roma, 7 settembre 2021 – L’esposizione per due anni in una industria ad alto rischio può determinare la comparsa di un carcinoma vescicale dopo molti anni dalla fine dell’esposizione: così ha stabilito il Tribunale di Taranto, Sez. Lavoro, con la sentenza n. 2431/2020 del 27/10/2020.
Questo il caso: il ricorrente citava in giudizio l’INAIL deducendo di avere espletato attività lavorativa in qualità di operaio manutentore elettrico, dal 2009 in qualità di capo squadra pronto intervento (area osmosi per acqua demineralizzata) e dal 2018 posto in cassa integrazione; di essere stato esposto, senza fornitura di alcun dispositivo individuale di protezione, nello svolgimento di tali mansioni a numerosi agenti tossici fra cui diossina, IPA, polveri minerali, vapori e fumi di carbone, gas, fibre di amianto.
Per tali ragioni chiedeva il riconoscimento del proprio diritto alla costituzione di una rendita da malattia professionale per la patologia di “carcinoma vescicale” contratta in occasione dello svolgimento del rapporto di lavoro e, conseguentemente, la condanna dell’INAIL al pagamento dei relativi ratei nell’ammontare previsto dalla vigente normativa, oltre accessori di legge e spese.
Durante il processo, l’attività lavorativa svolta dal ricorrente risultava provata oltre che dalla documentazione versata in atti, dalle risultanze delle prove testimoniali che hanno confermato le mansioni espletate e il contesto ambientale lavorativo. Inoltre la CTU Medico-Legale ha accertato che il ricorrente durante l’espletamento dell’attività lavorativa ha contratto un “carcinoma uroteliale della vescica G3 infiltrante la tonaca muscolare, sottoposto a chemioterapia neoadiuvante, successiva cistectomia radicale (con confezionamento di neovescica) e prostatectomia”. L’eziologia è multifattoriale (fumo di sigaretta, predisposizione individuale, ecc.) ed esistono numerosi fattori di rischio collegati ad attività lavorative (parrucchieri, macchinisti, imbianchini, lavoratori dell’industria tessile, metallurgica, dei coloranti, della gomma, delle materia plastiche e del pellame, dell’alluminio, attività del verniciatore). Sembrano oggi coinvolti nella carcinogenesi vescicale composti quali amine aromatiche (bendizina, betanaftilamina), idrocarburi policiclici aromatici (benzopirene), 4 – diaminofenile, 4 -nitridifenile, arsenico e composti (vedi D.M. 14/01 /08) , la produzione di pece di catrame di carbone, del catrame e del gas dal carbone, etc.
Ancora, stando alle risultanze della CTU, l’aumento del rischio di carcinoma vescicale risulta dunque correlato a numerosi processi industriali ed occupazionali inclusi la lavorazione della gomma, la manifattura dei composti chimici organici, la produzione di gas dal carbone, la lavorazione dell’alluminio, ecc. L’esposizione occupazionale comporta un 15 -35% di casi di carcinoma nel sesso maschile. Peraltro, sono documentati lunghi tempi di latenza che intercorrono tra l’esposizione al rischio e l’insorgenza della neoplasia. L’esposizione per due anni in una industria ad alto rischio può determinare la comparsa di una neoplasia dopo molti anni dalla fine dell’esposizione. Il tempo di latenza sarà più corto quando il tempo di esposizione è più protratto. Tanto risulta chiaramente dal DM 14 gennaio 2008 Lista I (malattie la cui origine lavorativa è di elevata probabilità), elenco aggiornato col DM 10 giugno 2014 pubblicato su G.U. n°212 del 12/09/14 , e dalle nuove tabelle delle malattie professionali nell’industria e nell’agricoltura allegato al D.M. 9 aprile 2008. L’attenta lettura della documentazione fornita al consulente nominato dal Tribunale conferma che il ricorrente è stato verosimilmente esposto a numerosi fattori occupazionali (diossina, amianto, IPA, ecc ). Non risultano, peraltro, segnalate altre affezioni dell’apparato urinario sofferte negli anni precedenti alla diagnosi di neoplasia, comunque etiologicamente correlabili come fattori cancerogenetici causali o concausali, né familiarità per neoplasie vescicali e/o abitudini voluttuarie. Il tempo di latenza fra l’esposizione lavorativa (dal 1998 in avanti) e l’insorgenza della patologia (2016) è, peraltro, compatibile con la carcinogenesi vescicale, il danno biologico derivatone è in misura del 25% decorrente dalla data della denuncia della malattia professionale (29.5.2017).
Per tali ragioni il Tribunale di Taranto, accogliendo la domanda, ha dichiarato il diritto del ricorrente ad ottenere il risarcimento del danno biologico conseguente a malattia professionale (trovando applicazione il d. lgs. 23.2.2000 n. 38) in misura del 25 % dal 1.6.2017, con conseguente diritto alla costituzione della rendita in capitale nella misura di legge e conseguente condanna dell’INAIL al pagamento della relativa prestazione previdenziale, nonché alla corresponsione di rivalutazione monetaria ed interessi legali.
Carcinoma derivante dall’attività lavorativa: sì al risarcimento
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