The employee of an Enel factory in Livorno died for mesothelioma after years of exposure to asbestos without protection. Justice acknowledged the responsibility of the company, but the case emphasizes the difficulties of family members in obtaining compensation after long legal fights
«Justice has confirmed the right of the victims of asbestos and their family members to get a fair compensation. Enel continued to deny the evidence, but the judges clearly punished his responsibility. This sentence represents an important victory, not only for the victim’s family, but for all employees who have undergone exposure to this murderous fiber ». So the lawyer Ezio Bonannipresident of theNational Asbestos ObservatoryTo read the sentence that Enel condemns.
An employee in the province of Lucca died in 2016 at the age of 77 due to a mesothelioma, after having worked as electrical maintenance in the Enel energy plants, where he related to the maintenance of the turbines covered with asbestos.
In addition to a first working year in the Enel Cortino factory, near Castelnuovo di Garfagnana, from 1966 to 1992 in the electrical department of the Marzocco factory, near the industrial port of Livorno, the Central, designed in the 1960s by Riccardo Morandi was then closed in 2015. During his activities he was exposed to toxic substances without sufficient protection.
The witnesses have listened to court, described a working environment without ventilation systems and safety equipment. They stated that the material was easily crumbled and that no one was wearing masks, which confirmed the constant exposure of the employee without any protection to the Habssest fabric.
A long history of exhibitions, omissions and denials
«Unfortunately we are confronted with a long history of exhibitions, omissions and denials -Contines Bonanni -. But this sentence shows that the fighting for justice can be won and that no large company can escape their responsibilities before law ».
The legal proceedings were opened with the punishment of Enel in the first instance for the employee’s death. The court acknowledged the full responsibility of the company for non -compliance with security measures and arranged a fee greater than a million euros for the family members of the victim.
Enel challenged the punishment and denied the employee’s exposure Fibra Killer And dispute the connection between the tumor and the working environment. He also rejected any accusation of violation of security regulations and tried to escape from their responsibilities.
Justice: asbestos risk, known and predictable
But finally, the Florence Court of Appeal rejected the defense of the company and confirmed the first instance punishment. The judges repeated that the absence of adequate protections promoted the development of the tumor and that the asbestos risk, known and predictable, should have been prevented by the employer. After nine years, the judges recognized a reimbursement of approximately 1 million and 200 thousand euros.
«Again, Enel was sentenced to deaths by asbestos – The president of the A ends -. I do not understand why they are not spontaneously compensating for the victims. De ONA continues with justice ».
At the economic level, the court has partially changed compensation: it has reduced the patrimonial damage to the widow, but has considerably increased the non -subsequent damage to the victim’s family members. The total amount remains greater than a million euros, in accordance with the first decision.
Confronted with years of legal fighting
The case of the LUCCA employee is not isolated. The VII Renam Report (National Mesoteliomi Register) emphasizes that the electricity production and distribution sector is one of the most affected by the exposure to asbestos, with 367 cases investigated and an incidence of 1.7%.
The story shows how long and complex the path to obtain justice is: although the right to compensation is recognized, the families of the victims are confronted with years of legal fighting to achieve what is due to them.