The 2026 Fund has more than tripled. Workplace accidents remain a national emergency: reported injuries are rising and fatal cases have increased among workers born abroad. This guide explains who may claim INAIL benefits, which applications families must submit, and when a separate compensation claim should be considered.

Behind every workplace death there is more than a statistic. There is a family facing grief, the sudden loss of income, complex administrative procedures and decisions that cannot be postponed. Support for families of workplace accident victims has now been strengthened: for deaths caused by accidents occurring in 2026, Ministerial Decree No. 90 of 15 July substantially increased the Fund for surviving relatives.

An international family receiving legal assistance after a fatal workplace accident in Italy.
After a workplace death, surviving relatives can obtain legal assistance with benefit and compensation claims.

A much higher payment for fatal workplace accidents in 2026

Decree No. 90/2026 of the Ministry of Labour, registered by the Court of Auditors on 27 July, set the new amounts of the one-off payment financed by the Support Fund for families of victims of serious workplace accidents. Resources available for 2026 total €42,479,421: €40,979,421 from the ordinary allocation and €2 million from previously unused funds that have been reinvested.

The benefit applies to fatal workplace accidents occurring between 1 January and 31 December 2026. Its amount depends on the number of eligible surviving relatives. The figure shown is for the household as a whole and, where there is more than one beneficiary, it is divided among them under the applicable rules.

Eligible survivors 2025 amount 2026 amount Increase
1 €10,357.92 €35,672.92 +€25,315.00
2 €17,845.57 €61,460.57 +€43,615.00
3 €25,333.22 €87,248.22 +€61,915.00
More than 3 €37,438.26 €128,938.26 +€91,500.00
Amounts per surviving household. Sources: Ministerial Decree No. 90/2026 and the Ministry of Labour press release of 30 July 2026.

Important: this Fund covers deaths caused by workplace accidents. Occupational diseases are excluded from this specific one-off payment, although they may give access to other INAIL benefits, including a survivor’s pension.

Workplace accidents: fatal cases rise among people born abroad

The latest figures require careful reading. In the first half of 2026, excluding students, INAIL recorded 213,985 reports of accidents occurring at work, 4.71% more than in the same period of 2025. Commuting accident reports rose to 49,166, an increase of 8.81%.

It would not be accurate, however, to say that fatal cases increased across the country as a whole. There were 342 reports of deaths from accidents occurring at work, compared with 357 in the first half of 2025 (-4.20%), while fatal commuting cases fell from 138 to 128 (-7.25%). These figures are provisional: a report is not yet a recognised claim, and totals may change as investigations are completed.

The picture is different when place of birth is considered. In the national monthly tables, fatal accident reports concerning people born outside Italy rose from 108 to 133 between January and June, an increase of 23.1%. Cases involving people born in other EU countries rose from 23 to 33; those involving people born outside the EU increased from 85 to 100. Over the same statistical period, cases involving people born in Italy fell from 394 to 349. Almost 28% of fatal reports for the six-month period therefore concerned people born abroad.

The data do not establish the causes by themselves. They nevertheless point to a vulnerability that deserves attention: employment in higher-risk sectors, manual work, contracting and subcontracting chains, language barriers, and difficulty navigating training, protective equipment and safety procedures may combine. Prevention remains the first right; compensation intervenes only after that right has failed to save a life.

For foreign families, bereavement can become a race between two countries

For a family with an international background, a death may create additional problems: relatives living abroad, repatriation of the body, certificates issued under another legal system, children studying outside Italy, foreign bank accounts and language barriers. Nationality does not exclude protection: compulsory insurance applies to qualifying employment relationships regardless of the citizenship of the parties.

Families should seek legal advice promptly. Before paying for translations, apostilles or legalisations, it is advisable to ask a lawyer with international-law experience which foreign documents are required and in what form. INAIL provides payment channels through banks working with INPS for beneficiaries receiving a pension abroad. The new scholarship may also apply to schools and universities operating outside Italy.

Who is eligible for the Fund payment

The benefit is payable first to the spouse or civil partner and to children. Children qualify up to the age of 18; up to 21 if they attend upper-secondary or vocational school, are financially dependent and do not perform paid work; up to 26 if they are university students under the same conditions; and without an age limit if they are adults unable to work.

If there is no spouse, civil partner or child, natural or adoptive parents may qualify if they were dependent on the deceased worker, as may brothers and sisters who lived with and were dependent on the worker. The Fund also covers categories not insured by INAIL, including military personnel, firefighters, police officers and self-employed professionals, as well as survivors of people insured against domestic accidents.

There is more than one form of support: benefits to check

The Fund payment does not replace other rights. A complete claim requires families to examine at least the following measures, which have different eligibility conditions and beneficiaries.

  • One-off payment from the Serious Accident Victims Fund: from €35,672.92 to €128,938.26 for fatal events in 2026, depending on the number of eligible survivors.
  • Survivor’s pension: a recurring, income-tax-exempt benefit starting on the day after death. For events since 2014, it is calculated using the statutory maximum salary for the industrial sector; ordinary shares are 50% for the spouse or civil partner and 20% for each child, rising to 40% in the cases provided by law.
  • Advance on the survivor’s pension: for fatal accidents since 2007, INAIL pays eligible applicants an advance equal to three monthly instalments calculated on the statutory minimum salary.
  • One-off death allowance: from 1 July 2026, this amounts to €12,515.64, is exempt from income tax and is payable to survivors or, if none qualify, to the person who proves that they paid the funeral expenses.
  • Scholarship for survivors: from 2026, the annual amount is €3,000 for primary and lower-secondary education, €5,000 for upper-secondary education and vocational training, and €7,000 for university, AFAM and ITS Academy courses, provided the student receives a survivor’s pension and meets the academic requirements.
  • Psychological and social support: INAIL provides services for relatives and household members aimed at adjustment, independence and reintegration into social life.

The practical procedure: what families should do

  1. Check that the accident has been reported. In the event of a fatal workplace accident, the employer must notify INAIL within 24 hours. If no report has been made, survivors or their lawyer may still contact the Institute directly and submit medical documentation showing the cause of death.
  2. Open a case file immediately. Collect the INAIL claim number, accident report, medical and death certificates, any official reports, employment records, recent payslips, family-status certificates, birth or marriage certificates, documents for children in education and payment details. Keep funeral receipts and records of all expenses.
  3. Submit the Fund application. The claim is made on Form 179 and sent to the INAIL office responsible for the deceased worker’s place of residence. It can be delivered at the office or sent by post or certified email (PEC). It must identify every survivor and provide payment details; authorisations are required in the cases specified by INAIL.
  4. File separate applications. The survivor’s pension, three-month advance, death allowance and scholarship each have their own procedure. Families should not assume that the Fund application automatically starts every other claim.
  5. Check all deadlines. INAIL’s Fund page does not state a single general deadline suitable for every case. Limitation periods and, in some cases, specific forfeiture rules nevertheless apply. For example, if death occurs after a direct pension has been granted, heirs must act within 90 days of INAIL’s communication. Scholarship applications must be filed within 60 days after the end of the school or academic year. The prudent rule is to start every procedure without delay.
  6. Review every decision. Check names, percentages, effective dates, amounts and bank details. If the Fund payment is refused, there is no administrative appeal: protection must be sought before the ordinary courts. Different objection or appeal procedures may apply to other benefits.

Essential documents: identity documents and Italian tax codes of the survivors; death certificate and medical records; INAIL claim details; family-status documents and evidence of kinship or civil partnership; education certificates; income documents where required for parents or siblings; IBAN; authorisations; and funeral-expense receipts.

INAIL benefits and civil damages are not the same

INAIL and Fund payments are statutory benefits. As a general rule, families do not have to prove the employer’s fault before receiving them. Employees are also protected by the principle that benefits remain payable even where the employer has failed to pay the required insurance premium.

A civil compensation claim is a different route. It may be brought against the employer or other responsible parties where the event resulted from a breach of safety duties or another unlawful act. It may cover losses not fully compensated by INAIL, including the non-pecuniary loss suffered by relatives because of the destruction of the family relationship, as well as any damages accrued by the worker before death and inherited by the estate. Compensation is not automatic: liability, causation and loss must be established, and statutory payments already received may affect the calculation.

If criminal proceedings have been opened, relatives may discuss with a lawyer whether to join them as civil claimants. Depending on the circumstances, a civil claim or employment-court action may also be brought separately or in parallel. Time limits differ according to the legal basis of liability and the procedural steps already taken. Families should therefore obtain prompt legal advice and should not wait for the INAIL procedure to end.

  • Request copies of accessible records, including the accident report, inspection reports, medical documents and INAIL decisions.
  • Preserve evidence of the family relationship and of the financial and personal consequences of the death.
  • Do not sign waivers, receipts in full or settlement agreements without understanding which rights would be closed.

Financial protection is necessary, but preventing the next death remains the priority

For families affected by workplace deaths, the 2026 increase in the Fund is a concrete and unprecedented measure. It can support a household at its most vulnerable moment, but no payment can bring a person back or remove the administrative isolation that often follows an accident. Public action must combine three responsibilities: prevention, rapid investigation of the causes and genuinely accessible protection, including for people who do not speak Italian well or live abroad.

The practical message for survivors is straightforward: do not wait for every benefit to arrive automatically. Open the claim immediately, verify each entitlement and seek legal assistance. Knowing one’s rights cannot remove grief, but it can prevent the family from also losing the protection guaranteed by law.

Related LexFocus guide: international readers may also find useful our article on road accident compensation in Italy for foreign nationals.

Official sources and references

Note: this article is for information purposes and does not replace advice from a lawyer on an individual case. Statistics and amounts are updated to 21 August 2026.