The new scale of Law 35/2015 and its application to the workplace

Abstract

Law 35/2015, of September 22, reform of the system for the assessment of the damages caused to persons in traffic accidents is a breath of fresh air in a matter of major changes urged, as compensation for the damage suffered by the person as a result of a road traffic accident. Certainly, it is still far from meeting the principle of full reparation for all damage that such an accident causes in the lives of those who suffer. But marks a significant step in that direction. Although this system for damages arising from traffic accidents is binding only for this type of disaster, has extraordinary abilities to project into other areas of responsibility for damage to persons, including accidents and occupational diseases if average fault entrepreneurs. In these and other cases will not have a binding character, but only guidance, but the novelty in its regulation are able to deeply modify the case law on the subject.
Hence the great importance of this Act beyond the strict field of injury to persons resulting from road traffic accidents. In any case, the compensation scheme does not cover everything. Still remains a wide field for economic protection against personal injury, including moral damage, which requires bold and innovative buildings by legal practitioners. In this study give some keys to move in that direction, also required by the principle of full compensation for damage to the person.