Cassazione: pronuncia su infortunio in itinere

30 settembre 2020 – Anche un infortunio occorso durante un periodo temporale coperto dal “permesso di lavoro per motivi personali” è da considerarsi un infortunio in itinere e quindi collegato alla prestazione lavorativa. A stabilirlo è stata la Corte di Cassazione, sezione lavoro civile, con l’ordinanza n.18659 di settembre 2020. I fatti: la ricorrente denunciava il fatto che la Corte territoriale avesse ritenuto che la fruizione di un permesso per motivi personali escludesse il nesso di causalita’ tra l’infortunio e l’attivita’ lavorativa, ancorche’ nel caso di specie il permesso fosse stato richiesto e ottenuto per esigenze familiari. In pratica la fruizione del permesso di lavoro per motivi personali non è, di per sé, circostanza idonea a interrompere il nesso eziologico con l’attività lavorativa. Ne deriva che l’infortunio ricade nella copertura assicurativa da parte dell’ Inail, il quale non è legittimato a invocare l’esistenza di un “rischio elettivo” idoneo ad escludere la prestazione.
La superstite, moglie, unitamente alle figlie chiedeva di ottenere l’indennizzo Inail relativamente al marito deceduto a causa di un sinistro stradale mentre, al termine di un permesso ottenuto per motivi personali, tornava da casa sul luogo di lavoro. La Cassazione ha accolto il ricorso della superstite per i seguenti motivi: esclusi gli infortuni direttamente cagionati dall’abuso di alcolici e di psicofarmaci o dall’uso non terapeutico di stupefacenti ed allucinogeni”, nonche’ quelli avvenuti nell’ipotesi che il conducente sia “sprovvisto della prescritta abilitazione di guida”, la Cassazione amplia la tutela assicurativa a qualsiasi infortunio verificatosi lungo il percorso da casa al luogo di lavoro, escludendo qualsiasi rilevanza all’entita’ del rischio o alla tipologia della specifica attivita’ lavorativa cui l’infortunato sia addetto. Resta confinato il c.d. rischio elettivo a tutto cio’ che sia dovuto piuttosto ad una scelta arbitraria del lavoratore, il quale crei ed affronti volutamente, in base a ragioni o ad impulsi personali, una situazione diversa da quella legata al c.d. percorso normale, ponendo cosi’ in essere una condotta interruttiva di ogni nesso tra lavoro-rischio ed evento (cosi’ Cass. n. 7313 del 2016, in motivazione); che, alla stregua dell’anzidetta interpretazione, puo’ concludersi nel senso che la sussistenza di un rapporto finalistico tra il c.d. percorso normale e l’attivita’ lavorativa è sufficiente a garantire la tutela antinfortunistica.
Cos’è l’infortunio in itinere? E’ quello nel quale incorre il lavoratore nel percorrere l’itinerario di andata e ritorno fra abitazione e luogo di lavoro (o viceversa) oppure dal luogo di lavoro a quello di consumazione dei pasti ovvero tra due posti di lavoro (se svolge la sua attività in sedi diverse). Per aver diritto all’indennizzo, occorre che il lavoratore non abbia interrotto o deviato il tragitto se non per effettiva necessità dovuta a motivi di forza maggiore (ad esempio deviazioni presenti sulla strada a causa di lavori in corso), a esigenze essenziali e improrogabili (ad esempio recarsi al pronto soccorso per soccorrere un familiare) o all’adempimento di obblighi la cui inosservanza costituisce reato (ad esempio sottrarsi ad un controllo delle autorità). Il recente sviluppo giurisprudenziale, allargando le maglie delle fattispecie analizzata, ha ricompreso nell’infortunio in itinere sia l’ipotesi di lesioni conseguenti ad una rapina subita dal lavoratore durante il percorso casa-lavoro, sia i casi di infortunio avvenuti durante il cammino a piedi o addirittura durante il trasporto su mezzi pubblici.

102 thoughts on “Cassazione: pronuncia su infortunio in itinere

  • This is a topic that’s close to my heart… Take care! Where are your contact details though?

  • I’m not sure why but this web site is loading incredibly slow for me.

    Is anyone else having this issue or is it a issue on my
    end? I’ll check back later and see if the problem still exists.

  • Asking questions are actually good thing if you are not understanding
    anything completely, but this piece of writing presents nice
    understanding even.

  • 291870 270996Currently actually do not stop eating because there is however the decision that you will transform into. Work from your home us rrs often a fad for that who wants to earn dollars but still enough time requires most substantial occasions using children and kids goes for as the modern habit. attract abundance 551757

  • I visited multiple blogs however the audio quality for audio songs
    existing at this web page is really fabulous.

  • I all the time used to study article in news papers but now as
    I am a user of net thus from now I am using net for posts, thanks to web.

  • I think the admin of this web site is in fact working hard in support of his
    web site, since here every stuff is quality based stuff.

  • Thanks , I have just been searching for info about this subject for a
    while and yours is the greatest I have came upon till now.
    However, what in regards to the bottom line?

    Are you sure in regards to the supply?

  • Hi, yes this piece of writing is really fastidious and I
    have learned lot of things from it concerning blogging.
    thanks.

  • Excellent article. I’m dealing with a few of these issues as well..

  • Wonderful work! That is the type of information that are supposed to be shared
    across the internet. Shame on Google for now not positioning this submit upper!
    Come on over and visit my web site . Thanks =)

  • Informative article, exactly what I needed.

  • For newest information you have to visit internet and on the
    web I found this web site as a finest web site for newest
    updates.

  • It’s a shame you don’t have a donate button! I’d certainly donate to this
    brilliant blog! I suppose for now i’ll settle for book-marking and adding your
    RSS feed to my Google account. I look forward to fresh updates and will
    share this website with my Facebook group. Talk soon!

  • I quite like reading a post that can make men and women think.

    Also, thank you for permitting me to comment!

  • Hello to every one, the contents existing at this web page are genuinely awesome for people experience, well,
    keep up the good work fellows.

  • Very energetic article, I liked that bit. Will there be a part 2?

  • This paragraph will help the internet visitors
    for creating new web site or even a blog from start to end.

  • Excellent goods from you, man. I have understand your stuff previous to and you’re just too excellent.

    I actually like what you have acquired here, really
    like what you’re saying and the way in which you say it.
    You make it enjoyable and you still take care of to keep
    it smart. I can not wait to read far more from you. This is actually a great website.

  • Thanks in favor of sharing such a good thinking, post is good, thats why i
    have read it entirely

  • It’s enormous that you are getting thoughts from this
    post as well as from our argument made at
    this time.

  • May I just say what a comfort to find a person that actually knows what they’re discussing online.
    You certainly know how to bring a problem to light and make
    it important. More people ought to check this out and understand this side of the
    story. I was surprised you are not more popular given that you definitely have the gift.

  • Today, I went to the beach front with my children. I found a sea shell and gave it to my
    4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed.
    There was a hermit crab inside and it pinched her ear.
    She never wants to go back! LoL I know this is totally off
    topic but I had to tell someone!

  • I think this is among the most important information for me.
    And i’m glad reading your article. But wanna remark on few general things, The web site style is wonderful, the articles is really nice :
    D. Good job, cheers

  • Fine way of describing, and good piece of writing to get data regarding my presentation subject, which i am going
    to deliver in school.

  • I am in fact grateful to the owner of this website who has shared this fantastic article at
    at this place.

  • My brother recommended I might like this website.

    He was entirely right. This post actually made my day.
    You can not imagine simply how much time I had spent for this information! Thanks!

  • Hi there just wanted to give you a quick heads up and let you know
    a few of the images aren’t loading correctly. I’m not sure
    why but I think its a linking issue. I’ve tried it in two different browsers and both show the same outcome.

  • you’re really a good webmaster. The site loading velocity is incredible.

    It seems that you are doing any unique trick.
    Moreover, The contents are masterwork. you have done a fantastic task in this topic!

  • Good day I am so excited I found your site, I really found you by accident, while I was
    researching on Askjeeve for something else, Regardless I am here now and would
    just like to say many thanks for a remarkable post and a all round enjoyable blog (I also love
    the theme/design), I don’t have time to read it all at the moment but I have
    bookmarked it and also added in your RSS feeds, so when I have time I will be back to read much more, Please do keep up the excellent job.

  • It’s a shame you don’t have a donate button! I’d definitely donate to this brilliant blog!

    I guess for now i’ll settle for bookmarking and adding your RSS feed to my Google
    account. I look forward to brand new updates and will talk about this blog with my Facebook group.

    Chat soon!

  • I am actually thankful to the owner of this website who has shared this wonderful piece of writing at here.

  • I’m not that much of a internet reader to be honest but your
    blogs really nice, keep it up! I’ll go ahead and bookmark your website to come back later on. All the
    best

  • I was recommended this blog by my cousin. I’m not sure
    whether this publish is written via him as nobody else understand such unique about
    my problem. You’re amazing! Thanks!

  • Howdy! I could have sworn I’ve visited this website
    before but after looking at some of the articles I realized
    it’s new to me. Regardless, I’m certainly pleased I
    came across it and I’ll be bookmarking it and checking back often!

  • In fact no matter if someone doesn’t be aware of afterward its up to other viewers that they will assist,
    so here it takes place.

  • What’s up, this weekend is pleasant for me,
    because this point in time i am reading this enormous informative paragraph
    here at my house.

  • I was recommended this blog via my cousin. I am no longer certain whether or
    not this submit is written by means of him as nobody else understand such certain about my
    problem. You’re amazing! Thank you!

  • Hmm it appears like your website ate my first comment (it was
    extremely long) so I guess I’ll just sum it up what I wrote and say, I’m thoroughly enjoying your blog.
    I too am an aspiring blog writer but I’m still new to the whole thing.
    Do you have any recommendations for beginner
    blog writers? I’d really appreciate it.

  • Helpful info. Fortunate me I found your website unintentionally,
    and I am surprised why this accident did not happened in advance!
    I bookmarked it.

  • I really like your blog.. very nice colors & theme. Did you design this
    website yourself or did you hire someone to
    do it for you? Plz respond as I’m looking to construct my own blog and
    would like to know where u got this from. thanks a
    lot

  • Pretty! This was an incredibly wonderful post. Many thanks for supplying this info.

  • At this time I am ready to do my breakfast, after having my breakfast coming over again to read other news.

  • hello!,I love your writing very so much! share we keep in touch extra about your article on AOL?

    I need an expert on this area to solve my problem.
    May be that’s you! Having a look ahead to see you.

  • Hi there it’s me, I am also visiting this web site
    daily, this web page is truly fastidious and the users are in fact sharing pleasant thoughts.

  • What i don’t realize is if truth be told how you are
    now not actually a lot more well-favored than you may be now.
    You are so intelligent. You recognize therefore significantly in the case of this subject, made me
    for my part believe it from numerous numerous angles.
    Its like women and men don’t seem to be involved unless it’s one thing to accomplish with Woman gaga!
    Your own stuffs great. At all times maintain it up!

  • Awesome blog you have here but I was wondering if you knew of any forums that cover
    the same topics discussed here? I’d really love to be a part of group where
    I can get feed-back from other knowledgeable individuals
    that share the same interest. If you have any recommendations, please let me
    know. Thank you!

  • Do you mind if I quote a couple of your articles as long as I provide credit and sources back to your weblog?

    My website is in the exact same niche as yours
    and my users would certainly benefit from a lot of the information you present
    here. Please let me know if this alright with you. Cheers!

  • What i do not understood is in reality how you are not actually much
    more well-favored than you may be now. You’re so intelligent.

    You already know thus significantly on the subject of this topic,
    produced me personally imagine it from a lot of numerous angles.

    Its like women and men are not interested unless it’s something to accomplish with Woman gaga!
    Your own stuffs great. At all times take care of it up!

  • I do not even understand how I ended up here, however I thought this submit was good.
    I don’t recognize who you’re but definitely you’re going to a well-known blogger in the event you aren’t
    already. Cheers!

  • These are really great ideas in regarding blogging. You have touched some fastidious
    factors here. Any way keep up wrinting.

  • I think what you wrote made a bunch of sense. However,
    what about this? what if you added a little content? I ain’t saying your content isn’t good., but
    what if you added a post title to possibly grab folk’s attention?
    I mean Cassazione: pronuncia su infortunio in itinere –
    ANMIL is kinda vanilla. You should glance
    at Yahoo’s home page and watch how they create news titles to get people to open the links.

    You might add a video or a related picture or two to get people interested about what you’ve got
    to say. In my opinion, it might bring your blog
    a little bit more interesting.

  • This post will assist the internet people for creating new website
    or even a blog from start to end.

  • Hi there Dear, are you truly visiting this web site regularly, if so then you will definitely obtain pleasant know-how.

  • I really like what you guys are up too. This sort of clever work and reporting!
    Keep up the very good works guys I’ve added you guys to my blogroll.

  • I do not even know how I ended up here, but I thought
    this post was great. I do not know who you are but definitely you’re going to a famous
    blogger if you aren’t already 😉 Cheers!

  • Hello! This is my first visit to your blog!
    We are a team of volunteers and starting a new
    initiative in a community in the same niche. Your blog provided us valuable information to work on. You have
    done a extraordinary job!

  • It’s amazing to pay a quick visit this web site and reading the views of all colleagues on the topic of this paragraph, while I am also keen of getting familiarity.

  • Write more, thats all I have to say. Literally, it seems
    as though you relied on the video to make your point.
    You obviously know what youre talking about, why waste your intelligence on just posting videos to your weblog when you could be giving
    us something informative to read?

  • What i don’t realize is in fact how you’re no longer actually much more
    neatly-preferred than you may be now. You are so intelligent.
    You know thus considerably with regards to this subject, made me in my view believe it from so many varied angles.

    Its like women and men are not interested unless it is one thing to do with Lady
    gaga! Your individual stuffs nice. At all times maintain it up!

  • I believe what you said made a lot of sense. However, consider this, suppose you were to
    create a killer headline? I ain’t suggesting your information isn’t good, however suppose you added something that makes people desire more?
    I mean Cassazione: pronuncia su infortunio in itinere – ANMIL
    is a little boring. You ought to glance at Yahoo’s home page and watch how they create post
    titles to grab viewers to click. You might add a related video or a
    pic or two to get readers excited about what you’ve got to say.
    In my opinion, it could bring your posts a
    little bit more interesting.

  • Truly when someone doesn’t be aware of afterward its
    up to other viewers that they will help, so here it
    occurs.

  • An outstanding share! I’ve just forwarded this onto a co-worker who was
    conducting a little research on this. And he
    in fact ordered me lunch because I discovered it for
    him… lol. So let me reword this…. Thank YOU for
    the meal!! But yeah, thanks for spending some time to talk about this subject here on your blog.

  • Hi there! I could have sworn I’ve been to this blog before but after browsing through some of the post I realized it’s new to me.
    Nonetheless, I’m definitely happy I found it and I’ll be book-marking
    and checking back frequently!

  • Link exchange is nothing else but it is only placing the other person’s
    website link on your page at appropriate place and other person will also do
    same in favor of you.

  • We’re a bunch of volunteers and opening a new scheme in our community.
    Your site provided us with helpful info to work on. You have performed
    an impressive job and our whole group can be thankful to you.

  • If you are going for best contents like I do, only visit this website
    all the time because it presents feature contents, thanks

  • Hi to every one, it’s really a nice for me to pay a quick visit this site,
    it contains precious Information.

  • This article is truly a fastidious one it assists new web users, who are wishing for blogging.

  • I don’t even know how I ended up here, but I thought this post was good.

    I do not know who you are but certainly you are
    going to a famous blogger if you aren’t already 😉 Cheers!

  • After I originally left a comment I appear to have clicked
    the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I get four emails
    with the exact same comment. Is there a means you can remove me from that service?
    Appreciate it!

  • Excellent blog you’ve got here.. It’s hard to find good quality
    writing like yours these days. I seriously appreciate
    people like you! Take care!!

  • Hi there! I’m at work browsing your blog from my new apple iphone!
    Just wanted to say I love reading your blog and look forward to all your posts!
    Carry on the excellent work!

  • Terrific article! That is the type of info that are meant to be shared around the web.
    Disgrace on Google for now not positioning this put up higher!
    Come on over and talk over with my site . Thanks =)

  • Excellent post! We will be linking to this particularly great article on our
    website. Keep up the good writing.

  • obviously like your website but you have to check the spelling on several of your posts.
    Several of them are rife with spelling issues and I find it very troublesome to tell the truth nevertheless I’ll definitely come again again.

  • Hello, Neat post. There’s a problem together with your
    site in web explorer, may check this? IE still is the marketplace
    leader and a large component of people will omit your fantastic writing because of this problem.

  • Informative article, totally what I was looking for.

  • Hello, after reading this amazing piece of writing i am too
    happy to share my knowledge here with friends.

  • Right here is the perfect website for anyone who wants to find out about this topic.
    You understand so much its almost hard to argue with you (not that I personally
    will need to…HaHa). You definitely put a new spin on a subject
    that has been written about for many years. Excellent stuff,
    just excellent!

  • Howdy! This is my first visit to your blog!

    We are a collection of volunteers and starting a new project in a community
    in the same niche. Your blog provided us useful information to work on.
    You have done a extraordinary job!

  • Good day! I know this is kinda off topic but I’d figured I’d ask.
    Would you be interested in exchanging links or maybe guest authoring a
    blog post or vice-versa? My website discusses a lot of the same topics
    as yours and I believe we could greatly benefit from each other.
    If you’re interested feel free to shoot me an email.
    I look forward to hearing from you! Great blog by the way!

  • Hey there! I’ve been reading your web site for a while now and finally got the bravery to go ahead
    and give you a shout out from Humble Texas! Just wanted to tell
    you keep up the great job!

  • Spot on with this write-up, I seriously think this amazing site needs a lot more attention.
    I’ll probably be back again to see more, thanks for the information!

  • Hey there! Would you mind if I share your blog with my myspace group?
    There’s a lot of people that I think would really enjoy your content.
    Please let me know. Cheers

  • Wow, marvelous blog format! How lengthy have you been running
    a blog for? you made running a blog glance easy. The full look of your site
    is fantastic, as well as the content!

  • Hi there, just became alert to your blog through Google, and found that it is truly
    informative. I’m gonna watch out for brussels. I will appreciate
    if you continue this in future. Lots of people will be benefited from your writing.

    Cheers!

  • Attractive section of content. I just stumbled upon your blog and in accession capital to
    assert that I acquire actually enjoyed account your
    blog posts. Anyway I’ll be subscribing to your augment and even I
    achievement you access consistently rapidly.

  • We are a group of volunteers and opening a new scheme in our community.
    Your site offered us with useful info to work
    on. You’ve done a formidable job and our entire community will probably be grateful to you.

  • Hi! Quick question that’s totally off topic.
    Do you know how to make your site mobile friendly?

    My blog looks weird when viewing from my apple iphone.
    I’m trying to find a theme or plugin that might be able to
    resolve this issue. If you have any suggestions, please share.
    Cheers!

  • This design is wicked! You obviously know how to keep a reader
    amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!)
    Fantastic job. I really enjoyed what you had to say, and more than that, how you presented
    it. Too cool!

  • I like the valuable info you provide in your articles. I’ll bookmark your weblog and check again here regularly.

    I’m quite sure I will learn lots of new stuff right here!
    Best of luck for the next!

  • Awesome issues here. I am very glad to see your article.
    Thank you a lot and I’m having a look forward to touch you.
    Will you kindly drop me a mail?

  • Howdy! This is my first visit to your blog! We are a collection of volunteers and starting a new initiative in a community in the same niche.
    Your blog provided us useful information to work on. You have done a marvellous job!

  • Your mode of explaining the whole thing in this article is genuinely nice, every one be capable of
    without difficulty be aware of it, Thanks a lot.

  • For most up-to-date news you have to go to see the web and on internet I found this web page as a finest site for most recent updates.

  • Heya! I realize this is sort of off-topic however I needed to ask.

    Does building a well-established blog such as yours take
    a massive amount work? I am brand new to operating a blog but
    I do write in my journal everyday. I’d like to start a blog so I
    can share my personal experience and feelings online.
    Please let me know if you have any kind of suggestions or tips for new
    aspiring blog owners. Thankyou!

  • I need to to thank you for this fantastic read!! I certainly
    enjoyed every bit of it. I’ve got you book marked to look at new stuff you post…

Lascia un commento

Il tuo indirizzo email non sarà pubblicato. I campi obbligatori sono contrassegnati *