Roma, 13 settembre 2021 – Con la Circolare n. 24 del 9 settembre scorso l’INAIL ha fornito alcuni chiarimenti in merito al regime sanzionatorio per la violazione dell’obbligo di denuncia degli infortuni prognosticati non guaribili entro tre giorni, ai sensi dell’articolo 53, comma 1, del Testo Unico, il cui accertamento è di competenza dell’Istituto.
In tali casi, ricorda la circolare, il datore di lavoro ha l’obbligo di denuncia all’INAIL entro due giorni dalla conoscenza dell’incidente, a prescindere dalle valutazioni sull’indennizzabilità del danno. Nel caso di infortuni gravi in cui lavoratore ha perso la vita o vi sia pericolo di morte, invece, il termine si restringe a 24 ore dall’evento. I suddetti termini brevi sono previsti in quanto la legge tutela l’interesse preminente dell’assicurazione pubblica e obbligatoria a istruire nel minor tempo possibile il caso di infortunio, in modo da fornire al lavoratore le prestazioni economiche, sanitarie e socio-sanitarie dovute per legge ed erogare ai superstiti del lavoratore deceduto le prestazioni economiche spettanti, ricorrendone i presupposti.
La decorrenza del termine di due giorni inizia di norma dal giorno successivo alla data in cui il datore di lavoro ha ricevuto dal lavoratore il numero identificativo del certificato di infortunio trasmesso all’INAIL dal medico o dalla struttura sanitaria che presta la prima assistenza, nel quale sono specificati la data di rilascio e i giorni di prognosi.
Per i casi di malattia-infortunio da Covid-19, precisa la circolare, la violazione dell’obbligo di presentazione della denuncia nei termini di legge presuppone che il datore di lavoro sia a conoscenza che l’evento è qualificabile come infortunio sul lavoro anziché come malattia di competenza dell’Inps, pertanto il termine decorre sempre dal giorno successivo alla data di ricezione dei riferimenti della prima certificazione medica di infortunio che attesta che l’astensione assoluta dal lavoro è riconducibile al contagio.
Si ricorda che la denuncia deve essere inoltrata per via telematica tramite il portale INAIL da tutti i datori di lavoro eccetto nelle ipotesi in cui si tratti di lavoratori domestici o quando a denunciare sono datori di lavoro non imprenditori per infortuni accaduti a lavoratori occasionali. In tal caso la denuncia deve essere inviata alla sede INAIL competente tramite posta certificata o, in caso siano sprovvisti di PEC, via posta.
Chi non rispetta questo obbligo, chiarisce l’INAIL, rischia una pena pecuniaria amministrativa che va da un minimo di 1.290 ad un massimo di 7.745 euro. Prima che la sanzione venga applicata la legge prevede l’invio di una diffida, ossia un avvertimento al datore di lavoro in cui è individuato un termine per assolvere all’obbligo, passato il quale interviene la vera e propria sanzione. A quel punto, se l’adempimento, ossia l’inoltro della denuncia, avviene entro 15 giorni dalla diffida, il datore di lavoro pagherà una sanzione ridotta pari al doppio del minimo previsto (2.580 euro).Lo stesso importo deve essere pagato in caso di assolvimento dell’obbligo di denuncia prima della diffida, ma comunque in ritardo.
Inail, chiarimenti su denuncia infortunio
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