Dl Crescita: abrogata la riforma del danno differenziale per gli infortunati sul lavoro a cura di Avv. Mauro Dalla Chiesa

3 dicembre 2019 – Il 27 giugno 2019 è stato convertito in legge il c.d. Decreto Crescita. L’articolo 3 sexies prevede l’espressa abrogazione delle norme che avevano introdotto la modifica del calcolo del danno differenziale per i lavoratori infortunati (c.d. Legge di stabilità 2018). L’art. 1, comma 1126, della L. n. 145/2018, aveva introdotto significative modifiche, in particolare incidendo sui criteri di calcolo del danno cd. differenziale e modificando le voci da prendere in esame per determinare il quantum che, secondo il disposto dell’art. 10, comma 6, “ascende a somma maggiore dell’indennità liquidata all’infortunato o ai suoi aventi diritto”. Correlativamente, è stato modificato il quantum di ciò che l’INAIL poteva pretendere in via di regresso nei confronti del responsabile civile: sostanzialmente, la manovra del 2019 aveva imposto, ai fini del calcolo del danno differenziale, l’adozione di un criterio di scomputo “per sommatoria ” o “integrale”, anziché “per poste”, con conseguente diritto di regresso dell’Istituto per “le somme a qualsiasi titolo pagate”. Chi scrive aveva pubblicato un articolo in cui si spiegavano nel dettaglio le differenze del calcolo del danno ante e post riforma. I primi commentatori non avevano mancato di evidenziare la potenziale illegittimità costituzionale dell’intervento in questione, laddove, appunto, non consentiva di rispettare quello che è il principio dell’integralità del risarcimento del danno non patrimoniale alla persona, che non poteva subire ingiustificate compressioni.
Con l’abrogazione della riforma i diritti degli infortunati troveranno nuovamente adeguata tutela.


Laureato in Giurisprudenza all’Università Statale di Milano è iscritto all’Albo degli Avvocati del Foro di Varese e patrocinante innanzi la Corte di Cassazione ed alle giurisprudenze Superiori. Dal 1992 si occupa in particolare di diritto del lavoro con riferimento ad infortuni sul lavoro e malattie professionali, in collaborazione con ANMIL. Ha maturato un’importante esperienza nel settore patrocinando molti infortunati invalidi del lavoro in tutte le vertenze di categoria. Attualmente è fiduciario delle sedi ANMIL di Gallarate, Varese, Verbania, Biella, Novara ed è consulente legale nazionale dello stesso Patronato. E’ autore di pubblicazioni sul sito internet dell’ANMIL, “Obiettivo Tutela” e collabora con il mensile “Vita”.

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