The Ministerial Decree of 19th November 2008 identifies the types of benefits provided for by the article 1, paragraph 1187, of the law 27 December n°296 (Finance bill 2007).
The fund covers accidents occurring after 1st of January 2007 which have caused worker's death. Therefore occupational disease and work injury occurring prior to 1st January 2007 are excluded even if the death of the worker is subsequent to the above-mentioned date.
Entitled beneficiaries who receive the one-off benefit in compliance with the requirements of Article 85 of the Accidents at Work and Occupational Disease Regulations (Decree 30 June 1965, No 1124) are:
• Spouse
• Legitimate, natural, acknowledged or acknowledgeable children, adopted children until the age of 18, until the age of 21 if attending High School or Vocational Training, until the age of 26 if studying at university until disability persists.
In case the deceased worker did not have a husband/wife or children:
• Natural or adoptive parents if dependent on the insured worker's income;
• Brothers and sisters if dependent on the insured worker's income
Benefits paid from the fund
The amount of the one-off benefit is increasingly determined in relation to the number of survivors as listed in Article 1 of the decree in question.
The decree provides two types of benefits:
• A one-off benefit paid from the fund whose amount is increasingly determined in relation to the number of survivors of the nucleus; takes into account the resources available from the Fund and the progress of the phenomenon of Accidents. The one-off benefit is set annually.
• Anticipation of the annuity for family members of a deceased worker equal to three months of the annual indemnity calculated on the minimum bill of the compensation.
The amount of the one-off benefit for the events occurring during year 2009 will be set by subsequent decree of the Minister of Labour.
Entitled beneficiaries who receive the one-off benefit are both survivors of insured workers according to the Accidents at Work and Occupational Disease Regulations and insured workers not subject to compulsory insurance.
This includes, in addition, survivors of safeguarded people according to the insurance against home accidents. (Law n. 493/99)
The application may be lodged by registered post
- To Inail headquarters/Ipsema (Seafarers Workers Compensation Authority) at the appropriate local unit referring the dwelling of the deceased worker.
People concerned may enter into relations with INAIL under the patronship of institutes that provide insurance and pension assistance
The deadline for the submission of applications:
• Within 40 days from the date of the worker's death
• Within 40 days from the publication of Decree (2 February 2008) for all the events occurred before.
With reference to deceased employees covered by Inail insurance for whom has already been established the annuity for family members in case the application has not been received by Inail within the stipulated period, the institute will take full responsibility for providing for their annuity.
For further information:
The one-off benefit
• Is not subject to personal income taxation (IRPEF)
• Is not subject to revenge and does not limit the amount of damages in support of family members.
• It may be combined with other forms of economic support for family members of a deceased worker
- The fund
- The form
- Table amount
Note
To children orphans and surviving spouses of deceased workers is given in support a share of reserve in relation to the number of employers of public and private sector employing more than fifty employees.
• Placement
Related Regulations:
Circular of Ministry of Labor, and Inail IPSEMA No 5 / 2009
Ministerial Decree 19 November 2008Finance Act 2008
Finance Act 2007
Decree Law n. 38/2000
Decree President of the Republic n.1124/1965
Traduzioni dall'italiano all' inglese a cura di Manuela Taddeo