SuperAbile






In Normativa e Diritti


Inail-Revision for aggravation

The measure of the inability pension can be reviewed, at the request of the annuity holder or at the disposal of Inail.

31 luglio 2020

The measure of the inability pension can be reviewed, at the request of the annuity holder or by disposal of the Inail, in case of a decrease or increase in the aptitude for work or impairment of psycho-physical integrity and in general following modification in the physical conditions of the annuity holder, provided that, when it comes to worsening, this derives from the accident that led to the liquidation of the annuity.
 
The annuity can also be suppressed in case of recovery of the aptitude for work or impairment of psycho-physical integrity within the limits of the minimum indemnifiable.
 
The revision application:
  •  must be presented at your Inail office and must be accompanied by a medical certificate which proves that there has been an aggravation in the consequences of the accident and also the new measure to reduce the aptitude for work or impairment of psycho-physical integrity.
 
Inail, within ninety days of receiving the application, must decide on the application itself and if refuses to accept the application in whole or in part or the injured person does not accept the reduction or suppression of the annuity, the related disputes apply the provisions of art. 104 Presidential Decree 1124 of 1965.
 
The annuity holder cannot refuse to submit the inspection visits that are arranged by the insurer, because in case of refusal the Inail can order the suspension of the payment of all or part of the annuity.
 
When
In the first four years from the date of establishment of the annuity, the first revision can be requested or arranged only after one year has passed from the date of the accident and at least six months from that of the establishment of the annuity, each of the subsequent revisions cannot be requested or prepared to less than one year from the previous one.
 
After the fourth year from the date of establishment of the annuity, the revision can be requested or arranged only twice, the first at the end of a three-year period and the second at the end of the following three-year period.
 
For accidents and occupational diseases that occurred or denounced after the entry into force of the d.m.12/07/2000, published in G.U. of 25/07/2000, within ten years from the date of the accident, or fifteen years if it is an occupational disease, if the conditions of the insured, declared recovered without any permanent invalidity consequences or with consequences that do not reach the minimum for the indemnity in capital or for indemnity in annuity, should they aggravate as a consequence of the accident or occupational disease to the extent that indemnity in capital or annuity can be reached, the insured person can ask Inail to liquidate the capital or of the annuity, formulating the application in the ways and terms established for the revision of the annuity in case of aggravation.
The amount of the annuity is reduced by the amount of any capital compensation already paid.
The revision of the indemnity in capital, for aggravation of the impairment occurred in the above terms, can take place only once.
 
For neoplastic diseases, for silicosis and asbestosis and for infectious and parasitic diseases, the application for aggravation, for the purpose of liquidation of the annuity, can also be submitted beyond the time limits mentioned above, with five-year deadlines from the previous revision.
 
The annuity can also be suppressed in case of recovery of psycho-physical integrity within the limits of the minimum indemnifiable annuity. In this case, if the ascertained degree of impairment is included in the indemnifiable capital limit, the indemnity in capital calculated is paid with reference to the age of the insured at the time of annuity cancellation.
 
If, following a revision, the amount of the annuity has changed, the change has an effect from the first installment with a maturity following that relating to the period of time in which the revision was requested.
 
Reference legislation
  • Art. 13, Legislative Decree 23 February 2000, n. 38.
  • Art. 13, co. 4, Legislative Decree 23 February 2000, n. 38.
  • Art. 13, co. 7, Legislative Decree 23 February 2000, n. 38.
  • Art. 83/84 D.P.R. 30 June 1965, n. 1124
 
For further information
 
  •  toll-free number 800.810.810.
  • from abroad and from mobile at 06 455 39 607 (the cost of the call is linked to the tariff plan of the operator used)
  • write to the expert: superabile@inail.it
one informs that the integrated SuperAbile Inail Contact Center is also multilingual
 
© Copyright SuperAbile Freely reproducible article citing source and author
 
image taken from pixabay.com
 
 

di Rosanna Giovedi; traduzione di Antonio Dehonestis

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