Liability For Workplace Fatalities: Clients And Subcontractors

Who is liable when a worker dies on the job?

A fatal workplace accident leaves behind not only grief, but also complex legal questions: who is liable? What are the rights of the surviving family members?

The liability of clients and subcontractors plays a crucial role in workplace deaths, especially in construction, logistics, and outsourced services.

The legal framework: who is responsible for a workplace fatality?

There are three main parties that may be held liable when a fatal accident occurs at work:

• The employer
• The client commissioning the work
• Subcontractors and contractors

Employer responsibilities and delegation

The employer is the primary party responsible for workers' safety.

They must:

• Implement appropriate preventive measures;
• Provide mandatory training;
• Supply personal protective equipment (PPE);
• Monitor compliance with safety regulations.

If the fatal accident results from a breach of any of these duties, the employer is criminally liable for manslaughter and civilly liable for damages.

The role of the client

The client is the person or entity commissioning or outsourcing work or services to another person or company. They are the party for whom the work is carried out.

According to Article 26 of Legislative Decree 81/2008 on safety obligations in contracts for works or services, a client who commissions work to an external company must:

• Verify the contractor's technical and professional competence;
• Cooperate in implementing safety measures;
• Coordinate protective and safety actions.

A client can be held liable even without direct involvement, for:

• Failing to verify the contractor's qualifications;
• Awarding the contract to an unqualified party;
• Failing to monitor the progress of the work.

Subcontractors and contractors

Those awarded a subcontract are subject to the same safety obligations.

In particular, they must:

• Comply with health and safety laws;
• Collaborate in managing shared risks;
• May be held jointly liable with the client and main contractor.

Liability may also extend to supervisors and managers if they contributed to safety breaches.

Practical cases: when is the client liable for a worker's death?

To better understand who is responsible in each scenario, consider three common situations:

• Death on a construction site
• Accident in a logistics setting
• Death during outsourced services

Death on a construction site

A worker's death on a building site (from scaffolding collapse, falling objects, machinery mishandling, etc.) typically involves the liability of the contractor, especially if they fail to meet minimum safety standards.

In many such cases, the failure to prepare a proper Safety Plan (POS) is a key factor.

Even if not physically present, the client may be held jointly liable for manslaughter for failing to check the contractor's suitability.

Case law: Italian Supreme Court, Civil Division, Labour Section, 21 February 2024, No. 4687. Worker fatally falls from height. Client held civilly liable for negligent selection of the contractor (culpa in eligendo).

Logistics accidents

If a driver is fatally injured in a warehouse due to improper handling of heavy loads, and the subcontract did not include proper training or oversight, the client may be considered jointly liable—even if not managing staff directly—for neglecting evident risks.

Case law: Italian Supreme Court, Criminal Division 4, 5 February 2020, No. 4886. Forklift incident results in driver's death. Client held liable for failing to implement safety measures beyond those outlined in the risk assessment document (DUVRI).

Outsourced services

For example, if a cleaning worker dies due to mishandling of hazardous chemicals, the client could be deemed jointly liable if they awarded the contract to a non-certified company lacking appropriate training.

This would amount to liability for failing to verify the contractor in advance.

Case law: Supreme Court, Full Bench, 11 January 2008, No. 581. The ruling distinguished the burden of proof in criminal versus civil proceedings: in criminal law, guilt must be proven "beyond reasonable doubt"; in civil law, the threshold is the "balance of probabilities".

Client obligations: verifications and documentation

A client commissioning work has a number of critical obligations to ensure both proper performance and the safety of all involved.

1. Preliminary checks

Before work begins, the client must:

• Verify the contractor's technical and professional qualifications (DURC, certifications, business registrations, etc.);
• Assess their organisational capacity and equipment.

2. Required documentation

Before commencing work, the following must be obtained:

• Risk Assessment Document (DVR);
• Operational Safety Plan (POS);
• Preliminary notification to the Local Health Authority (ASL).

3. Ongoing oversight

A client's responsibility doesn't end with initial checks. They must:

• Regularly monitor work progress;
• Intervene in case of unsafe practices;
• Suspend work if serious violations occur.

What can the victim's family do?

The family of a worker who died on the job may pursue both criminal and civil actions to seek justice and obtain compensation.

Filing a criminal complaint

A criminal complaint may be filed with the Public Prosecutor's Office. The investigation will determine any criminal liability (e.g. manslaughter) of the employer, client, subcontractor or supervisors.

Seeking civil compensation

Heirs of a deceased worker are entitled to claim compensation for:

• Economic losses (lost income, funeral costs);
• Non-economic damages (emotional suffering);
• Loss of family relationship (loss of parental bond).

They may initiate civil proceedings independently or join the criminal proceedings as a civil party.

INAIL compensation

Regardless of who is found liable, INAIL (Italy's national workers' compensation authority) provides:

• Survivor's pension (for spouse and children);
• Funeral allowance;
• Lump-sum compensation.

This compensation does not exclude the possibility of seeking full damages through a civil claim.

Foreign workers: protection and rights of their families

When a foreign national dies while working in Italy—whether due to an accident or work-related illness such as chemical poisoning—the same protections apply to them and their families.

Many fatal accidents involve foreign workers, often employed under more vulnerable conditions.

Italian law guarantees equal protection to all workers, regardless of nationality or immigration status.

Obligations toward foreign workers

The employer must ensure safety and training for foreign workers by:

• Ensuring they understand instructions (through interpreters or translated materials);
• Providing suitable equipment and proper supervision;
• Registering them with INAIL—even in the case of atypical contracts.

The client must verify that contractors and subcontractors meet these obligations.

Rights of heirs living abroad

Heirs of a foreign worker who died in Italy may:

• Receive INAIL compensation, even if living abroad;
• Seek full civil damages;
• Participate in the criminal trial as a civil party.

Liability Summary Table

How a law firm can help after a workplace fatality

A law firm specialising in workplace accidents and wrongful death claims can:

• Analyse contracts and documentation;
• Appoint expert consultants to reconstruct the facts;
• Launch the most effective legal actions;
• Protect the family's rights in both civil and criminal proceedings;
• Accurately quantify the damages owed.

If you have lost a loved one due to a workplace accident, contact the lawyers at the Personal Injury Department of Boccadutri International Law Firm to evaluate how to obtain justice and compensation.

Boccadutri Law Firm also assists families of foreign workers, including document translation, liaising with Consulates, and transferring compensation payments to the country of residence.

FAQ – Workplace fatalities

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.