Roma, 2 settembre 2021 – Con ordinanza n. 23529/2021, la Corte di Cassazione interviene in materia di danno cosiddetto differenziale. Secondo quanto stabilito dalla, il giudice di merito deve procedere d’ufficio a sottrarre dal risarcimento del danno l’importo della rendita INAIL.
La decisione della Suprema Corte è conseguente al ricorso presentato da un lavoratore rimasto vittima di un infortunio sul lavoro. In merito, la Corte d’Appello aveva dato atto che il Tribunale aveva correttamente condannato la società datoriale al risarcimento del danno differenziale in favore del dipendente nella misura del 25% per cause imputabile a una carenza nell’organizzazione del lavoro, attribuendo, invece, al lavoratore la responsabilità nella causazione dell’incidente in misura pari al 75% per negligenza nell’esecuzione della prestazione.
Sul punto, la Corte di Cassazione nel rigettare il ricorso avanzato, conferma quanto statuito dalla Corte d’Appello circa la correttezza di sottrarre dal risarcimento del danno in favore del lavoratore la somma liquidata dall’INAIL, sebbene il predetto non avesse percepito alcunché dall’Istituto.
Si può sottrarre dal risarcimento la rendita INAIL
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