Domanda:
Buongiorno, a maggio 2019 ho avuto un infortunio sul lavoro con una frattura composta alla spalla il cui esito finale è stato il riconoscimento di un grado di invalidità del 4%. A novembre ho avuto un altro infortunio sempre sul lavoro con una frattura scomposta all’olecrano sinistro il cui esito finale è stato il riconoscimento di un grado di invalidità del 3%.Ovviamente singolarmente non danno diritto a nessun indennizzo ma la mia domanda è: l’Inail è obbligata a fare l’unificazione dei postumi? Grazie.
Risposta:
Gentile signore, nel caso in cui il lavoratore, già colpito da un evento lesivo, ne subisce uno nuovo, si procede alla valutazione complessiva dei postumi ed alla liquidazione di un unico indennizzo, sotto forma di rendita o di liquidazione in capitale, corrispondente al grado complessivo della menomazione dell’integrità psicofisica conseguente ai due eventi. Questa valutazione complessiva dei postumi non avviene mediante l’automatica sommatoria dei singoli punteggi di invalidità, ma bensì in relazione al grado di riduzione complessiva dell’attitudine al lavoro causata dalle lesioni determinate, valutata secondo le disposizioni dell’art. 78 del TU Inail. Detto ciò, il consiglio che posso darle è quello di rivolgersi al Patronato ANMIL a lei più vicino, anche attraverso il numero verde 800 180 943, per avere un appuntamento con uno dei nostri consulenti medico-legali che, documenti alla mano, potrà valutare la Sua posizione e fornirle un’adeguata assistenza in merito. Cordiali saluti.
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