Social security protection and civil liability: the use of the “Probability of Causation/Assigned Share” in an emblematic case
Objective: To propose criteria for the recognition of radiation-induced cancer in civil proceedings using the Probability of Causation/Assigned Share (PC/AS) method already used for some time in the INAIL (Italian National Workers’ Compensation Authority) insurance context. Methods: To illustrate t...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Edizioni FS Publisher
2025-06-01
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| Series: | GIornale Italiano di Psicologia e Medicina del Lavoro |
| Subjects: | |
| Online Access: | https://gipmel.it/wp-content/uploads/10.690882025TTLP7.pdf |
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| Summary: | Objective: To propose criteria for the recognition of radiation-induced cancer in civil proceedings using the Probability of Causation/Assigned Share (PC/AS) method already used for some time in the INAIL (Italian National Workers’ Compensation Authority) insurance context.
Methods: To illustrate the distinctions on a legal and technical application level between civil and insurance compensation, also comparing with the methodologies used in the United States and the United Kingdom.
Results: The criteria for civil compensation should not be subjected to the due generosity of social insurance but follow the jurisprudential guidelines of the civil Cassation.
Discussion: In civil litigation, the “more likely than not” criterion should be adopted, which is equivalent to a PC/AS of 50% or higher at the 50th percentile. |
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| ISSN: | 2785-1338 |