Workplace Accidents And The Burden Of Proof: What The Italian Supreme Court Says

Workplace accidents: who bears the burden of proof

Order no. 26021 of 24 September 2025, issued by the Employment Section of the Italian Supreme Court (Corte di Cassazione), reaffirmed the interpretation according to which it is the employer who must exonerate itself from liability, not the injured worker.

In the context of civil liability for workplace accidents and the burden of proof, the Supreme Court confirmed a fundamental principle: in an action for compensation for damage resulting from a workplace accident, it is no longer the worker who must prove in detail the employer's fault.

Instead, it is the employer who must demonstrate that all preventive and safety measures required by law were adopted.

This approach, already present in consolidated case law, strengthens the protection afforded to workers and clarifies the evidentiary role of the parties in court proceedings.

The case examined by the Supreme Court

In the case reviewed by the Supreme Court, a worker suffered a serious eye injury while cutting a steel rod.

The lower courts had denied compensation, holding that neither the dynamics of the accident nor the employer's fault had been proven.

The Supreme Court overturned those decisions, stating that the worker only needs to prove that the accident occurred, the damage suffered and the causal link with the work activity.

It is instead for the employer to prove effective compliance with safety obligations, including supervision over the correct use of personal protective equipment (PPE).

How the Supreme Court reached Order no. 26021/2025

Italian workplace safety legislation is based on a set of rules, including:

• Article 2087 of the Italian Civil Code, which imposes a general duty on employers to protect the physical integrity and safety of workers
• Legislative Decree no. 81/2008, the Consolidated Act on Workplace Safety, which details obligations relating to prevention, training, information and supervision

Under Italian law, an employer's liability in the event of a workplace accident is contractual in nature.

As a result, the allocation of the burden of proof follows the general rules applicable to contractual obligations within the employment relationship.

While in the past some judgments required workers to indicate specific risk factors or particular circumstances relating to safety violations, Order no. 26021/2025 definitively clarified that the worker is not required to prove which specific safety rules were breached or how the employer failed to comply with particular legal provisions.

The worker must prove:

• that the accident occurred in the course of employment
• the damage suffered
• the causal link between the accident and the work activity

Everything else, in particular proof of the adoption and effectiveness of preventive measures, lies with the employer.

Workplace accidents: how the burden of proof works

Workers are not exempt from duties while carrying out their work, but primary responsibility for their protection lies with the employer.

What the worker must prove in the event of a workplace accident

In order to obtain compensation for a workplace accident, the worker must prove the existence of the damage (injury), the occurrence of the accident and the causal link between the duties performed and the accident, without having to prove the employer's fault.

It is the employer, instead, who must prove that all safety measures were adopted.

Specifically, the worker must prove:

• Damage and causal link: that the accident occurred during work activity (in the course of employment) and that the physical or psychological injuries are a direct consequence of that event
• Accident dynamics: that the accident occurred, including by means of emergency room medical certificates confirming the event and prognosis
• Employer's breach: according to case law, the worker must allege that the damage resulted from a lack of safety, but does not have to prove in detail which rules were violated
• Witnesses and evidence: it is always useful to provide testimony from colleagues, photographs of the accident site or machinery, and to report the incident promptly

What the worker should do

• Immediately inform the employer, even if the injury appears minor or if it is a commuting accident
• Medical certificate: attend an emergency department or personal doctor, ensuring that the certificate correctly describes the accident dynamics and is sent to INAIL
• INAIL report: the employer must report the accident within 48 hours; if this does not happen, the worker may contact INAIL directly

What the employer must prove to avoid liability

In the event of a workplace accident, to be released from liability the employer must prove that all necessary measures (technical, organisational and procedural) required by law were adopted, that workers were properly trained and that effective supervision was exercised over compliance with safety rules, demonstrating that everything reasonably possible was done to prevent the event.

In particular, the employer must prove:

• adoption of all appropriate safety measures in compliance with current legislation (Article 2087 of the Civil Code), including so-called "atypical" measures suggested by experience and technical knowledge
• that the injured worker received adequate training and information regarding risks and safety procedures
• constant and scrupulous supervision of the use of PPE and compliance with safety rules, showing that the event was unforeseeable or unavoidable
• if claiming that the accident was caused exclusively by the worker's conduct, that such conduct was abnormal, excessive or entirely unforeseeable, sufficient to break the causal link between company fault and the accident

Administrative obligations (within 2 days of receiving the medical certificate)

• Submit the INAIL accident report for injuries with a prognosis exceeding 3 days
• Submit the accident communication to INAIL (SINP) for injuries exceeding 1 day, excluding the day of the event

It is not sufficient for the employer merely to deny fault. A positive proof of diligent conduct is required.

If the employer cannot prove these elements, it may be held liable and ordered to pay compensation.

In summary, the employer is presumed liable unless it proves that the accident was caused by an unforeseeable event or by a worker's conduct so abnormal as to exclude employer fault.

Practical advice for workers and companies

For workers

• Collect documentation relating to the accident (medical reports, photographs, incident reports)
• Officially report the incident to the employer and the competent authorities
• Preserve evidence relating to the work activity and the circumstances of the accident
• Consult a lawyer specialised in employment law and workplace safety to assess the most effective evidentiary strategy

For companies

• Update and maintain complete safety documentation, including risk assessments, training plans and PPE registers
• Ensure ongoing training and verify the effective use of protective equipment
• Implement concrete and traceable monitoring and supervision systems
• Consider adopting an organisational model compliant with best compliance standards

Workplace accidents and foreign workers in Italy

In 2023, foreign workers in Italy reported approximately 20% of all workplace accidents, despite representing around 10% of the workforce, with an incidence rate twice that of Italian workers (31 versus 14 cases per 1,000 employees).

These accidents are concentrated in sectors with high manual labour, such as construction (Employer liability in the event of a fatal accident on a construction site)and manufacturing, with increased vulnerability, including undeclared work, which is nevertheless covered by INAIL.

The Consolidated Workplace Safety Act (Legislative Decree no. 81/2008) guarantees the same accident insurance protection (INAIL) to foreign workers, regardless of nationality.

Undeclared workers are also entitled to INAIL benefits and to regularisation in the event of a workplace accident.

Where foreign workers are employed, the employer's risk assessment must take into account linguistic and cultural factors to ensure adequate training.

Employer obligations towards foreign workers

• Training and comprehension: in the case of foreign workers, the employer must ensure effective understanding of safety rules. If the worker does not understand the language, the employer must verify comprehension, for example through tests or materials in the worker's language, otherwise liability may arise in the event of an accident
• Undocumented workers: foreign workers without a valid residence permit or employed off the books are still entitled to INAIL protection and compensation for damage in the event of injury

Even where foreign workers are involved, the worker must prove the "what" and the "where" (workplace accident), while the employer must prove "why it is not their fault" (adoption of safety measures).

In cases of linguistic or cultural difficulty, it is advisable to seek assistance from a professional familiar with both Italian law and the specific needs of foreign workers.

Legal assistance is often essential to translate, interpret and correctly present claims before the Italian courts.

For further reading: "Compensation for the death of a family member in Italy".

Occupational disease and the burden of proof: do the same rules apply?

Order no. 26021/2025 of the Supreme Court is based on a well-established principle: the employer's responsibility for protecting employees' health derives from Article 2087 of the Civil Code and is contractual in nature.

This applies both to workplace accidents and occupational diseases.

Accordingly, in cases of occupational disease:

• the worker does not have to prove the employer's specific fault
• the worker must prove:
  • the existence of the disease
  • the performance of work activity
  • the causal link between the work activity and the illness

Once this proof is provided, it is for the employer to demonstrate that all appropriate preventive measures were adopted.

The fundamental difference compared to workplace accidents

The real difference does not concern the legal principle, but the proof of the causal link.

Workplace accident

• Sudden event
• Dynamics often limited in time
• Proof of causation generally simpler

Occupational disease

• Slowly developing condition
• Often multifactorial
• More complex causal link

For this reason, in occupational disease cases:

• medico-legal evidence is central
• prolonged exposure to occupational risk is relevant
• the risk need not be the sole cause, but must be a significant contributing factor

On this point, case law has been consistent for years and fully compatible with Order no. 26021/2025.

Why consult a lawyer

Order no. 26021/2025 clarifies important principles, but their practical application depends on the specific facts of each case.

Correctly assessing when and how to bring a compensation claim, how to structure evidence and how to address employer resistance requires specialised legal assistance.

Other parties, such as principals and subcontractors, may also bear responsibility.

If you have suffered a workplace accident, a law firm specialising in employment law and workplace safety can provide strategic advice and assistance at every stage of the proceedings.

If you require personalised legal assistance for a workplace accident case or wish to understand how to protect your rights, you can request a consultation with our lawyers.

Contact us for a case-specific assessment.

FAQ

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.