THE COURT OF ROME HAS COMPENSated APPROXIMATELY 850 THOUSAND EURO FOR THE MORAL DAMAGES TO THE FAMILY OF AN WORKER FROM THE PROVINCE OF FOGGIA WHO DIED FROM EXPOSURE TO ASBESTOS IN 2009
“I hope that the FS will take note of another conviction and proceed to compensate for the asbestos damage caused to workers, and in particular to those who have suffered serious asbestos-related diseases, without prejudice to the fact that we have always will stand ready to side with the workers and their families to protect their reasons.” So the lawyer Ezio Bonannichairman ofNational Asbestos Observatoryfollowing the decision of the court in Rome that compensated the heirs of a former employee of RFI, the Italian railway network, who died as a result of asbestos.
This latest ruling by the judges confirms the fundamental principle that compensation for death must also be paid.
The facts
Rocco A., originally from Orta Nova and living in Foggia, worked for RFI from 1969 to 1971 as a certified “mechanical adjuster”. During his service he took care of the maintenance of railway rolling stock, working on engines, pipes and electrical cables. This work exposed him directly and indirectly to dangerous asbestos fibers.
The environments he worked in lacked ventilation and the work was carried out without any safety measures, despite masks, protective suits and extractors having been available since the 1940s. To make matters worse, the deadly fiber-laden dust was removed with fans, which dispersed it into the air rather than eliminating it.
In 2006, Rocco developed his first pleural effusion. In March 2009, he died at the age of 68, leaving behind his wife and two children. INAIL immediately recognized the professional origins of the disease and guaranteed the widow a survivor’s income of approximately 200,000 euros.
The profession
However, the family, assisted by lawyers Ezio Bonanni and Daniela Lucia Cataldo, subsequently appealed to the Court of Rome to obtain compensation for all damages, both pecuniary and non-pecuniary. Despite other penalties already imposed against the State Railways, it contested the request of Rocco A.’s heirs, arguing that it was only in the mid-1970s that the risk of exposure to asbestos fibers began to be understood.
But the Roman judges convicted the company again and ordered damages amounting to approximately 850,000 euros, in addition to interest. This compensation covers the suffering of the now deceased widow and her two orphaned children. To this figure must be added the 200,000 euros already recognized by the Court of Appeal of Rome for the direct damage suffered by the railway worker. With the revaluation and statutory interest, the total amount came to 1 million, three hundred thousand euros.
The epidemiological impact of FS is among the highest in the country
The sector of railway rolling stock confirms that the country is among the areas most exposed to asbestos risks, with workshops such as those in Foggia, Bologna and Turin particularly affected. The epidemiological impact of FS remains significant: more than 696 cases of mesothelioma have been registered among employees up to and including 2028. To this are added the cases of associated companies, of employees engaged in the construction and maintenance of rolling stock, such as Officine Breda, and of contractor companies involved in the insulation of railway wagons.