Lower limbs injuries, art. 31
Recipients: (art. 2) (art. 2 modified by INAIL resolution n. 9/2009)
All workers who had suffered a work accident or who are suffering from an occupational disease are entitled to benefits of prosthetic assistance according to the New prosthetic regulations and the decree n. 1124/ 1965.
Requirements for entitlement to the benefit:
a) recipients of INAIL annuity with expired review date according to the articles 83, 137, 230 of the decree 1124/1965,
b) Disabled who had received payment in capital, according to the stopped protection laws about work accident or occupational disease injuries.
Article 31
Work related disabled who suffering from lower limbs injuries are entitled to:
a) for lower limb shortening minus of two cm.: inside or outside shoes rise or an orthotics of the most appropriate material, placed on shoes mass produced or, if it's necessary, on "orthopedic shoes arranged in series "; for lower limb shortening superior to two cm.: an "orthopedic shoe with rise made to measure" and an " accompaniment orthopedic shoe made to measure "; only six months after first supply, is granted a supply reserve;
b) for femoral or tibial pseudo arthrosis, if not indicated surgery: an orthopedic brace suitable for injury, and a pair of orthopedic shoes , if the brace includes also the foot; only six months after first supply, is granted a supply reserve;
c) for post-traumatic deformities of the foot, if is not possible a surgical correction: an "orthopedic shoe made to measure" and an " accompaniment orthopedic shoe made to measure"; only six months after first supply, is granted a supply reserve;
d) for post-traumatic flattening of plantar arch: an orthotics of most appropriate material and type for injured foot, an orthotics provided for the contralateral foot and a pair of orthopedic shoes made to measure appropriate to orthotics. Only six months after first supply, is granted a supply reserve; (orthotics and any orthopedic shoes);
e) for post-traumatic results of severe injury of ligaments of the knee and/or other inoperable knee injuries, that cause its instability: the most appropriate knee brace with graduated movement;
f) for post-traumatic results, and/or paralysis results and/or spastic results: an appropriate orthosis with shoes. Only six months after first supply, is granted a supply reserve;
g) for results of interileal-abdominal amputation or coxofemoral disarticulation: a skeletal-modular prosthesis;
h) for trans-femoral amputation results: an exoskeletal or a skeletal- modular prosthesis;
i ) for knee amputation (disarticulation of knee, Gritti) results : a skeletal- modular prosthesis;
j) for transtibial amputation results: an exoskeletal or a skeletal- modular prosthesis eventually also with an articulate cuisse at knee;
k) for amputation or disarticulation of the ankle (Pirogoff, Syme) results : an exoskeletal prosthesis, an "orthopedic shoe coating prosthesis made on measure" and an " accompaniment orthopedic shoe made to measure";
l) for partial amputation of forefoot (Lisfrance o Chopart) results : an exoskeletal prosthesis, an "orthopedic shoe coating prosthesis made on measure" and an "accompaniment orthopedic shoe made to measure";
m) for metatarsal amputation (transmetatarsal) results: a prosthesis with reconstruction of the forefoot in flexible materials, a "pair of orthopedic shoes arranged in series" or, if it's necessary, an "orthopedic shoe coating prosthesis made to measure" and an "accompaniment orthopedic shoes made to measure";
n) for disarticulation of all the toes results: an orthotics filling of the toes missing, and an "orthopedic shoe for orthotics made on measure" or an" orthopedic shoe arranged in series" when the orthotics is made on an inner sole of carbon fibre that replaces ,functionally, the springs of the sole, and an "accompaniment orthopedic shoe made to measure"; only six months after first supply, is granted a supply reserve ( orthopedic shoes and orthotics);
o) for amputation (disarticulation) of one or more toes results: an orthotics filling of the toes missing and a pair of "orthopedic shoes arranged in series "; in case of disarticulation of the hallux must be granted an "orthopedic shoe made on measure" or an "orthopedic shoe arranged in series" when the orthotics is made on an inner sole of carbon fibre that replaces, functionally, the springs of the sole. Only six months after first supply, is granted a supply reserve (orthopedic shoes and orthotics);
Besides, for the lower limbs injuries may be granted:
1) for all devices listed in this article at points from a) to o) and subsequent paragraph 3) , is granted a reserve device after six months from the supply of the first definitive device; the reserve device is renewable and will have the same or better characteristics than the first definitive device of standard equipment; time renewal of the reserve device ( prosthesis, orthosis, orthopedic shoes, orthotics) is the same as the attachment 4 for the type of realized device;
2) a prosthesis for bath or for personal hygiene, exoskeletal type, in all type of amputations for which technology makes a prosthesis, only six months after adaptation period to the definitive prosthesis supplied; renewal times are regulated by attachment 4; with the bath prosthesis can be granted sport type covering shoes (list 2 of the National Tariff Nomenclator - NTN); if previously granted orthopedic shoes made on measure or arranged in series, these can be granted also with bath prosthesis provided that the supplier, during estimation, certifies that materials utilized for shoes are water-resistant; on bath prosthesis can not be applied feet with storage-return energy (extra price list); bath prosthesis should not be considered a spare prosthesis;
3) an orthosis for bath or for personal hygiene in all type of injuries for which technology makes a prosthesis, at least six months after adaptation period to the definitive prosthesis supplied; renewal times are regulated by attachment 4;
4) a prosthesis to play sport, according to socio-educational official opinion and psycho-physical general conditions evaluation by physician prescriber; the renewal time is similar, according level and manufacturing adopted; it is necessary sports suitability medical certification if the prosthesis is utilized for competition activity; renewal times are regulated by attachment 4;
5) knee application with total electronic control in cases from g) to i); it is granted according to the laws in the attachment 5 "Knee application with total electronic control: laws for authorization"; knee application with total electronic control can be applied only on one prosthesis: on this one in normal supply or reserve supply; guarantee terms are regulated by attachment 3 and 4;
6) only one silicone costumizedcosmetics in cases from g) to j); supplier company must attach, during estimation, the following statements: a) instructions for cleaning, maintenance and repair; b) possibility to use cosmetics on normal supply, reserve and bath prosthesis (also in case of potting substitution); guarantee terms are regulated by attachment 3; renewal times are regulated by attachment 4;
7) a costumized silicone made prosthesis, in cases l) and m), as substitution of the bath or reserve prosthesis; the supplier company must attach, during estimation, the following statements: a) instructions for cleaning, maintenance and repair; guarantee terms are regulated by attachment 3; renewal times are regulated by attachment 4.
The employer has to supply the accident prevention orthopedic shoes and necessary devices for individual protection according to the article. 4, paragraph 5, letter d), of the Legislative decree n. 626/ 1994, and subsequent modifications and integrations.
- Products in the INAIL prostheses centre
- Services in the INAIL prostheses centre
The request:
- Can be submitted by the concerned person to the nearest INAIL unit by INAIL social worker.
- May be proposed by INAIL unit.
The supply of required device, will be preceded by an evaluation by the multidisciplinary team
Maintenance and Repairs (art. 19)
- INAIL pays for repairs of devices.
- The insured pays for ordinary maintenance.
In case of theft or loss of the device received, supply can be granted only another time, before the end of the renewal time, with the copy of the complaint made to the competent authorities.
For devices supplied to minors, not apply the minimum time for renewal.
Territorial INAIL unit authorizes renewals and/or repairs of the technical devices also to adapt them to the growth of the child.
Renewal: (art 20)
The total or partial renewal of devices can be accepted if required by insured or proposed by physician prescriber.
Renewals table (attachment 4)
For prostheses, devices or therapeutic aids for which the renewal time is not explicitly stated, supply shall be extended according to the state of wear.
For further information:
- Ancillary economic benefits
- Guide to INAIL benefits
- The INAIL Services Charter
- INAIL publications: rehabilitation and reintegration
- INAIL Prostheses centre Vigorso di Budrio
- Motor rehabilitation centre of Volterra
- Client Points
- Therapeutic aids for...
- Work
- Taxation
- vai alla traduzione in lingua italiana: Nuovo Regolamento Protesico, Titolo II, da art. 31 a 35
Reference regulations:
- INAIL resolution n° 9 of 4th February 2009
- Resolution C.d.A. n° 23 of the 22nd January 2007
- Legislative decree n° 38/2000
- INAIL Circolare n°54/2000
- Decree of the Ministry of Health n° 332/1999
- Legislative decree n° 626 of 19th September 1994
- Decree of the President of the Republic n° 1124/1965
Scheda elaborata da Rosanna Giovèdi; traduzione a cura di Lidia Vitale