Roma, 13 settembre 2021 – Con ordinanza n. 24025/2021, la Corte di Cassazione interviene sul tema del decorso della rendita INAIL e sui termini per l’insorgenza del diritto, pronunciandosi in seguito al ricorso di un lavoratore che si era visto rigettare la domanda di riconoscimento del diritto a rendita per malattia professionale per decorrenza dei termini, con conseguente estinzione del diritto a rendita.
Nello specifico i giudici di legittimità, nel rigettare il ricorso avanzato dal lavoratore, hanno chiarito che il termine di complessivi dieci anni dalla data dell’infortunio per l’esercizio del diritto al decorso della rendita INAIL – previsto dall’art. 83, comma ottavo del TU, per l’ipotesi in cui le condizioni del lavoratore infortunato, guarito senza postumi di invalidità permanente ovvero con postumi che non raggiungono il minimo indennizzabile del 16%, si aggravino in conseguenza dell’infortunio in misura da raggiungere l’indennizzabilità – non preclude la proposizione della domanda di costituzione di rendita oltre il decennio dalla data dell’infortunio.
Ciò, ritiene la Corte, a condizione che venga rispettato il termine fissato dall’art. 112 dello stesso TU che consente all’assicurato di poter esercitare 1’azione per conseguire le prestazioni previdenziali nel termine di tre anni dal giorno in cui l’infortunio si è verificato o da quello della manifestazione della malattia professionale, sempreché il lamentato aggravamento si sia verificato entro il decennio dalla data suddetta.
Nel caso in esame, dunque, i giudici hanno ritenuto corretto quanto affermato dalla Corte d’Appello, in quanto in giudizio era stato provato che l’aggravamento della malattia professionale si verificò oltre il termine dei dieci anni, con conseguente impossibilità per il lavoratore di poter esercitare l’azione per il riconoscimento della rendita entro il termine dei 3 anni così come consentito dall’art. 112 del testo unico sull’assicurazione degli infortuni sul lavoro.
Chiarimenti su riconoscimento diritto al decorso rendita Inail
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