Accidents at work: compensation and INAIL benefits in 2026
If you've had an accident at work, the first cover comes from INAIL, the compulsory accident insurance paid for by your employer. But INAIL benefits don't cover everything: in some cases you can also claim additional compensation from your employer.
Here's how the system works, step by step.
What to do straight after an accident
The first few hours are decisive for both your health and your rights:
1. Get the treatment you need (A&E, your GP)
2. Get a medical certificate with the diagnosis and prognosis (this document is the basis of everything)
3. Report the accident to your employer immediately (verbally is fine, but confirm it in writing)
4. Your employer must send the INAIL report within 2 days of receiving the medical certificate
5. Keep all your documents (medical reports, certificates, receipts for medical expenses).
What INAIL covers
INAIL covers any accident that happens **at work** or **while commuting** (on the way between home and work and back, by your own or public transport).
The first few days
– Day of the injury: paid by the employer
– Days 2 and 3 (waiting period): paid by the employer (unless the national collective agreement provides otherwise)
– From day 4 onwards: INAIL pays the daily allowance (60% of average daily pay for the first 90 days; 75% from day 91).
Benefits for permanent disability
If the accident leaves a permanent impairment, INAIL calculates the percentage of biological damage and pays:
| Disability percentage | INAIL compensation |
|---|---|
| Less than 6% | No INAIL benefit (excess) |
| From 6% to 15% | Lump-sum benefit (one-off payment) |
| Over 16% | Monthly life annuity |
The INAIL tables are updated periodically: check the latest version in force.
Differential damage: when you can claim more
INAIL covers biological damage and part of the financial loss, but not necessarily everything. If your employer is responsible for the accident (through their own fault or that of their employees), you can claim differential damage — the difference between what INAIL has paid and the full compensation you would be owed in civil proceedings.
Differential damage includes:
– Non-pecuniary damage (personal suffering) — not covered by INAIL
– Loss of earnings (future income lost) — if the INAIL annuity doesn't cover it in full
– Medical expenses not reimbursed by INAIL
*Condition: to obtain differential damage you must prove the employer's fault (breach of health and safety rules at work – Legislative Decree 81/2008). If the employer complied with all the rules and the accident was pure chance, differential damage is much harder to obtain.
Commuting accidents
Accidents while commuting (on the way between home and work) are covered by INAIL on the same terms as accidents at work, but with some limitations:
– If you use your own car, it must be necessary (e.g. no public transport available or incompatible timetables)
– Any detour from the direct route must be justified (e.g. taking the children to school – to be checked case by case)
– An accident caused solely by the worker's gross negligence may reduce or exclude cover.
How to challenge an INAIL decision
If INAIL rejects the report, recognises too low a disability percentage or calculates the annuity incorrectly:
1. Administrative review – ask INAIL to reconsider its decision
2. Appeal to the Regional Committee – within 60 days of the INAIL notice
3. Court action – if the review is not satisfactory
Don't lose your rights: the deadlines
➝ The employer must file the accident report within 2 days (otherwise the employer is penalised, but your rights remain)
➝ An appeal against the INAIL decision must be filed within 60 days
➝ The claim for differential damage against the employer is time-barred 3 years after the accident (non-contractual liability)
❓Frequently asked questions
Does INAIL pay even if the accident was my fault?
Yes. INAIL also covers accidents to which the worker contributed, except in specific cases of intent or the worker's sole gross negligence.
Can I claim both INAIL compensation and damages from my employer?
Yes, but you can't be compensated twice for the same item of loss. INAIL covers some items; from your employer you can claim what INAIL hasn't covered (non-pecuniary loss, the difference).
If I'm not on the books (undeclared work), am I covered by INAIL?
Yes. Undeclared workers are also protected by INAIL. In the event of an accident, INAIL pays and then recovers the money from the employer who failed to pay the insurance premiums.
What happens if my employer doesn't report the accident to INAIL?
You can report it to INAIL yourself within the limitation period. An employer who fails to comply is subject to penalties.
Have you had an accident and want to understand what you're really entitled to? Our lawyers assess your INAIL position and any liability of your employer to get you the compensation you're entitled to.
Information provided by Legaless® — it does not replace legal advice. For an assessment of your specific case, speak to a lawyer from our Team.
