Nowadays, the tech it represents a fundamental part of the everyday life of an increasing number of people and workers. Leaving aside the world of online entertainment, which for many can be considered an excellent second source of income by exploiting one casino driving reliable, in the business sector it smart working is becoming more and more popular.
In recent times, we have been talking more and more often about agile workers and how this category of workers is also entitled to Inail coverage for all those injuries that have occurred during the course smart working activity, simplified in the private sector.
Inail coverage in case of accidents
From the moment the pandemic started and the lockdowns began to rage everywhere, there category of remote workers it got bigger and bigger. And, over time, a large number of aspects concerning agile workers have come to be taken into consideration, such as Inail coverage.
In the event that an accident occurs during smart working, in fact, the worker can be the subject of a appropriate compensation or can receive compensation for an accident that occurred at home, provided that particular checks are carried out.
When we talk about smart working, obviously, we refer to that particular way of carrying out the employment relationship that was introduced by law number 81 of 2007. This service, which can be included in subordinate work, must always have some fundamental characteristics. For example, working from home must be subject to specific regulation through an agreement on the parties, the use of specific technological tools for carrying out this activity, the lack of a fixed location or a corporate environment.
The protection of the psychophysical integrity of the worker
The protection of the employee often turns around to article 2807 of the Civil Code, which includes a whole series of provisions. From the point of view of agile work, article 22 of law number 81 of 2017 there is a real obligation on the employer to protect both the health and safety of the worker who works remotely.
This explains why the worker must receive a special one written information, in which the various risks, both general and more specific, which are linked to the performance of the work must be carefully reported.
Article 23 provides for the extension of the Inail insurance protection to the worker who performs the service remotely. The accident at work emerges when the injurious event is a direct expression of the work performance, also in reference to what is renamed an accident in itinere.
Consequently, the performance carried out remotely follows the same basic concepts in terms of insurability of all other categories of workers, except the elective risk, that is the particular risk that is linked to a behavior of a voluntary nature that is implemented by the worker.
Circular number 48 of 2017 clarified this aspect once and for all, confirming this interpretation. In fact, it has in fact equated workers in agile mode with respect to traditional ones, without however being able to arrive at a definitive solution regarding the limits of employer responsibility with reference to the health and safety of the worker outside the workplace. In order to be able to carefully evaluate the accident as an accident that hit the worker during the work performance, it is definitely useful to refer to that particular jurisprudence that concerns the work in progress.