May 8, 2025
Illness and injury
Workplace injury: private medical expenses reimbursable if public health service is not timely
Tribunal of Padua
A worker sought recognition of 12% permanent disability following a workplace injury at her home.
INAIL disputed the degree of disability. During the trial, a joint medical assessment established 9% disability, accepted by both parties, resolving the main dispute. The reimbursement of private medical expenses for an independent technical assessment, as well as legal costs, remained contested.
The Institute opposed reimbursement, arguing that private specialist services were unnecessary when the public health system was available.
The Tribunal ruled the expenses reimbursable, noting that private services were justified due to delays in the public system and the need for technical verification to pursue the claim. Costs were deemed reasonable and necessary.
Consequently, INAIL was ordered to pay litigation costs (€3,500 plus accessories) and medical expenses (€1,284.83).
