False Employee Injury Investigations

Simulation of the accident, when to contact an Investigation Agency.

Alpine Investigation Agency: for over 30 years we have specialized in investigations for companies. In particular we operate for the types of investigations concerning problems with employees, partners and collaborators. First of all, we specialize in investigations for False Employee Injuries, such as investigations for False Illness, Unfair Competition, Dismissal for Just Cause, Theft in the Company and much more. To discover all the investigations we carry out in the corporate sector click here.

FALSE EMPLOYEE INJURY: EVERYTHING YOU NEED TO KNOW

The simulation of the accident can lead to the dismissal for just cause of the employee who presents a false declaration of an accident at work. Unlike the illness, the accident occurs during working hours or in any case during the period of time necessary to make journeys such as the work-home journey, movement between two offices, etc. for the so-called commuting accident.

FALSE EMPLOYEE INJURY: WHY RELY ON AN INVESTIGATIVE AGENCY

Relying on an investigative agency allows you to ascertain, first of all, the fraudulent nature of the accident. Pursuant to art. 640 and 479 of the Criminal Code, the employee who presents a false declaration of injury can be fired for just cause as well as being accused of false ideology and fraud. Secondly, it is possible to ascertain the fraudulent nature of the simulation, this can lead for example to cases of: unjustified absenteeism, carrying out other work activities, non-observance of the precautionary rules for a speedy recovery. At the end of the investigations, an investigative report is drawn up containing the findings that emerge and can be produced before the competent judge.

The investigative activity is structured by always taking into consideration the objective that the client wants to achieve:

Verification of movements at agreed times, through static (so-called stalking) and dynamic (so-called shadowing) visual monitoring activities; Use of GPS satellite systems, as foreseen and authorized by Ministerial Decree 269 of 1 December 2010; At the end of the investigations, a Written report that can be produced in court accompanied by photographic evidence and videos; Intelligence activities based on Osint and HumInt Documentation through films and/or photos testifying to any extramarital relationship; List of employees who carried out the investigation for a possible call as witnesses in court in the competent court.

The Investigative Report for Accident Simulation Investigations

Among the obligations between the employer and the worker there is the obligation of good faith, the worker is required to comply with the obligation of loyalty for the entire duration of the employment relationship, this obligation ceases with the end of the employment relationship if a non-competition agreement has not been stipulated. Find out more. The Alpine Investigation Agency has been carrying out investigations for companies since 1992, acquiring data and evidence to be used in the appropriate Courts. By operating at 360°, the investigations are coordinated in line with the needs of the client, aware that the fraudulent aspect of the employee's behavior must be demonstrated. With these assumptions, investigations are initiated, through which investigative reports that can be produced in court are compiled.

The Court of Cassation also expressed its opinion on the matter with Sentence no. 21629/18, Work section: The burden of proof referred to in art. 2697 of the Civil Code also remains with the employer who must provide proof of positive facts incompatible with the existence of the accident at work, such as to prove its falsity, to justify the dismissal for just cause ordered to the worker.

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