The AIRO Private Investigations Institute offers its investigative services to companies in the corporate sector, aimed at protecting assets and resources, as well as gathering evidence to support legal proceedings.
Injury
It is an accidental traumatic event with an immediate harmful effect.
The disease, on the other hand, is an abnormal condition of the body, caused by organic or functional alterations and not resulting from a violent traumatic event.
Both can affect the ability to perform one's work tasks.
Workplace Accident and Occupational Disease
The first is a traumatic event that occurred in the workplace; the second is a state of alteration of the organism resulting from the performance of the profession.
The commuting accident is instead a traumatic episode that happens to the worker during the home-work journey or during a business trip.
Fake injury
Unfortunately, there are situations where the worker pretends to have been the victim of an accident to obtain a sometimes very long period of paid leave from work.
If the employer has doubts about the truthfulness of the accident and the employee's conduct, they can hire a Private Investigation Institute to ascertain if:
- the employee's behavior during the leave period is incompatible with the reported injury;
- the employee's behavior during the leave period can compromise normal recovery;
- the employee uses the leave to work for third parties.
WHAT THE EMPLOYEE RISKS
The worker who declares a false injury commits civil and criminal offenses and may incur sanctions, such as dismissal for just cause, following a violation of the general obligations of diligence and loyalty of the worker (arts. 2104 - 2105 c.c.) and the crime of fraud against the State (art. 640 c.p.).
EXAMPLE SENTENCE
With judgment no. 209/2018 of the Court of Appeal of Genoa, "the second-degree judge deemed the investigative activity legitimate carried out to ascertain that the appellant (who had complained of having sustained a contusive trauma with a lacerated contusion while, on his scooter, he was leaving the construction site where he performed the duties of excavation assembler and ship assembly worker, with emergency room certification, prescription of absolute rest for a few days and transmission of the documents to INAIL) had in fact engaged in physical activities, cycling for hours and walking through the city center with his son on his shoulders."
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