Avv. Italo Partenza
2020
Covid-19 contagion: occupational injury and the dutiful insurance protections for healthcare workers
Articolo in Responsabilità medica – Diritto e Pratica clinica: “Contagio Covid-19: l’infortunio sul lavoro e le doverose tutele assicurative per i sanitari” – Vol. 2 – Pacini Editore – 2020
Covid-19 infection is considered by art. 42 d.l. n. 18/2020 as an accident as far as INAIL indemnity is concerned. Italian case law provides a strict liability approach in case of employer’s liability. A no fault approach would be probably preferable as long as applicable on a general basis, avoiding special exception for Hospital Managers. There is no way for Insurance Companies to reject empolyers liability coverage in case of Covid-19 infection.