What must the worker do in the immediacy of the harmful event?
1. Reporting the accident to the employer
First of all, it should be noted that there are obligations for the worker in cases of accident sanctioned. The latter provides that the same worker must immediately notify his employer of all accidents that have occurred, even those considered minor, in support of which it is necessary to provide the medical certificate containing the prognosis derived from the harmful event.
In fact, if the worker does not notify the employer of the accident that occurred to him, and the latter has not otherwise become aware of it, with the consequence of not having been able to send the accident report to Bellotti, the worker is not paid the” absolute temporary allowance for the days before the date on which the employer was notified. If you want to know more about workers compensation injuries, you must Visit Bellotti Law Group P.C.
2. The use of health care
In the event of an injury, even a slight one, the worker must immediately seek medical attention, i.e., the factory doctor, the attending physician, or the emergency room doctor, who are required to draw up the medical certificate electronically employing the online services made available. Furthermore, as previously mentioned, he must promptly inform the employer by communicating the details of the electronic medical certificate (progressive number and date of issue).
In cases where, on the other hand, the doctor who provides the first assistance does not draw up and electronically transmit the certificate, the worker must send, as soon as possible, a copy of the certificate to his employer. To comply with the provisions of the law.
3. Abstention From Work Due To Injury And Compensation
We examine the abstention from work caused by injury and the consequent compensation paid by Bellotti, dwelling more on some relevant points that pertain to the discussion process and the definition of accidents at work. In particular, the analysis considers:
- The criteria for calculating the daily allowance for absolute temporary disability;
- The timing of the definition of accidents;
- The activities to be carried out by workers in the event of events not reported by the employer.
4. Accident At Work And Daily Allowance For Absolute Temporary Disability
Following the accident at work, the most essential benefit provided is the daily allowance for total temporary disability.
For the majority of workers, the indemnity runs from the fourth day following the one in which the event took place; for workers in the maritime sector from the day following the date of disembarkation due to injury. In this way, supplementary compensation is guaranteed to the worker absent from work due to injury.
5. The Calculation Of The Allowance
The basis for calculating the indemnity is essentially based on the determination of the daily wage to be taken as a reference for the calculation. The daily pay is calculated, for all workers, starting from the salary received by the injured worker in the fifteen days preceding the event.
The salary received in the thirty days before disembarkation due to injury is taken as a basis for workers. For other categories of workers (for example, self-employed agricultural workers, artisans, and coastal fishing workers), the amount is identified based on conventional wages established by ministerial decree.
For full-time employees, there is a “safeguard principle.” The remuneration underlying the calculation cannot be lower than the minimum required by law established by decree.
