Italian Supreme Court issues rulings on workplace safety liability and contract breach debts

The Italian Supreme Court (Corte di Cassazione) delivered two separate judgments in 2026. In decision no. 22746/2026 the Court held that an employer can remain liable for a worker’s injuries even if acquitted of specific breaches of the occupational‑safety code (D. Lgs. 81/2008). The case involved a construction worker who fell about five metres from a ladder on an uneven floor; the Court distinguished specific fault (violation of particular safety provisions) from generic fault (negligence) and affirmed that general duty to ensure safe work organization persists beyond individual article violations.

In decision no. 21846/2026 the Court clarified the criteria for admitting compensation claims to the bankruptcy estate of a contracting firm. The ruling rejected a late request to include a €15 million indemnity claim in the passive debt, finding the claim lacked certainty, liquidity and enforceability. The judgment also confirmed that compensation actions are autonomous from contract‑resolution claims and that unfinalised judgments may be used as atypical evidence.

Both rulings affect employers and contractors by reinforcing broader liability standards and setting stricter evidentiary thresholds for debt inclusion in insolvency proceedings.