Claimable aspects of an accident at work

Accidents at work are, unfortunately, far more common than one might expect. In addition, when they happen, they generate a great deal of controversy for the worker. The best thing to do in these cases is, without a doubt, to put yourself in the hands of a professional. Here we are going to explain the aspects that can be claimed when a contingency of these characteristics occurs.

The compensation system

The first thing you should know is that everything related to the claimable aspects of an accident at work is established in the revised text of the General Law on Social Security, which came into force by Royal Legislative Decree 8/2015, of 30 October. 

In this regard, this legislation provides for a mixed compensation system to be applied to accidents at work. This means that, on the one hand, the Social Security will be responsible for the receipt of benefits by the worker, while, on the other hand, the employer will be responsible for fully repairing the damages. In this respect, reference should be made to civil liability in the event of negligence or fault. 

What are the rights of a worker who has suffered an accident at work?

From the moment a worker suffers an accident at work, he/she is entitled to receive the following benefits:

Medical care

The worker shall be entitled, free of charge, to use primary care and emergency medical services, as well as any other services that may be required for the healing of injuries caused by the accident. This includes traumatologists, cardiologists or any other specialist whose work is necessary for healing.

Cash benefit for the period during which you are on sick leave

Unlike in the case of temporary sick leave caused by a common illness, in which case the worker begins to receive the benefit from the fourth day on which he is unable to work, in the case of accidents at work the benefit is paid from the day following the day on which the contingency occurred. 

In principle, the amount of the benefit will be 75% of the regulatory base for which you pay contributions to the General Social Security Scheme. This is unless the employment agreement to which he and his employer are subject specifies a higher figure. In any case, there is always a margin of loss of purchasing power.

Monetary benefit in the event of sequelae

An accident at work may lead to a reduction in the working capacity of the injured employee. In this case, he/she is entitled to receive a pension that is adjusted to the type of disability acquired.

This must be proposed by the General Institute of Social Security and can have the following amounts:
 

1. Total permanent disability: the worker, due to the after-effects of the accident suffered, cannot return to his or her job, although he or she can carry out work corresponding to other professions. In this case, the social security system provides for the payment of a lifetime pension which, if the person is under 55, is 55% of the regulatory base for which contributions were paid at the time of the contingency. If the person is over 55 years of age, this is increased by 20%. 
2. Absolute permanent incapacity: the worker is disqualified from any profession because of the injuries caused by the accident at work. When this happens, he is entitled to a pension equivalent to 100% of his regulatory base. If he needs the services of another person to cover his basic needs, this will be increased by 50%. 

Whether the sick leave is temporary, permanent, total or absolute, the National Social Security Institute or, failing that, the Mutual Insurance Companies for Occupational Accidents and Diseases, are responsible for paying the corresponding pensions. It will be one or the other depending on the option to which the company was covered at the time of the accident. This is the case regardless of whether or not the employer is at fault. 

What happens if the employer is at fault for the accident?

However, if the worker can prove that there was negligence or fault on the part of the employer, he/she will be entitled to an increase of between 30% and 50% in the pension or benefit received, regardless of whether it is derived from permanent or temporary incapacity. 

This surcharge must be established by resolution of the Labour Inspectorate or the National Social Security Institute, which must always be requested by the worker. As it is not part of the Social Security protection system, it must be paid in full by the employer by means of a deposit at the Social Security General Treasury. This body is responsible for its payment each month, adding it to the total amount of the pension. 

One of the main problems in collecting this surcharge is that it is not an insurable damage. Therefore, in the event that the company becomes insolvent at a given moment or ceases its activity, the collection of the increase would not be guaranteed by any other entity. 

Improvements included in the collective agreement

The collective agreement to which the employee and his or her employer are subject may determine that the accident victim receives a certain increase in his or her pension or benefit. This amount is paid regardless of whether the employer was at fault or not. Moreover, failure to ensure that he receives it is his direct responsibility. If you can prove insolvency, it is the social security authorities who are responsible for ensuring that the employee receives the benefit.

The civil liability of the employer

The receipt of the pensions and benefits to which we have referred does not prevent the worker from requesting compensation from the employer to satisfy the pecuniary and moral damage suffered as a result of the accident. This falls within the scope of civil liability and, for it to be granted, there must be negligence or fault on the part of the employer. It can never involve unjust enrichment on the part of the worker.

Claimable damages

Current legislation, within the framework of civil liability, establishes a series of damages that can be claimed by the worker. They are as follows: 

1. Bodily harm: this includes physical and mental harm. If they are of a permanent nature, they are estimated using the same scale as for traffic accidents. There are many factors involved, so it is difficult to give indicative figures. In any case, if they are generally temporary incapacities, it takes into account the days necessary for recovery, the days that the worker has been on sick leave and, if there are any, the days spent in hospital. 
2. Property damage: on the one hand, mention must be made of emergent damage. These are those produced by material losses on the part of the worker and the expenses that he/she has had to face as a consequence of the accident. On the other hand, there is the loss of earnings. They refer to the money that the professional has stopped earning for the same reason. 
3. Moral damages: negative consequences derived from the accident that affect the personal life of the worker and that cannot be included in the previous sections. 

We hope we have helped you to better understand what aspects you can claim for when you are the victim of an accident at work.