November 5, 2015
If you suffered an accident at work, whilst performing a work-related task or service, keep in mind that you may be entitled to claim compensation.
If a worker obtains an injury which eventually results in partial disability, compensation received for such scenario could equal to 24 times the employee´s salary.
If the injury obtained from the accident is serious enough to have to force a worker to leave the job or profession, it is regarded as a total permanent disability. The consequence of this is an eligibility for a worker to receive a pension of 55% of their monthly salary, as oppose to a compensation.
You will need to provide evidence to the competent authority and meet the necessary requirements in order to receive the compensation or pension.
The first thing to consider when trying to obtain compensation for civil liability derived from an accident, is whether or not there was a case of violation of the Law on Prevention of Occupational Risks.
Consequently, we must determine whether it is the worker that is responsible for the accident or on the contrary whether the company is to blame. If there is a chance that the accident could have been avoided had the company undertaken all the required measures as stated by law, you will have the right to claim.
In order to be able to calculate compensation, it is important that you are assessed by a specialized doctor. The time needed for the worker to recover, as well as other factors which depend on the person’s occupation. Once this is done, the compensation amount will be calculated by applying the compensation scale for civil liability, annually published by the BOE.
Compensation for civil liability is derived from the employer’s obligations and is seen as an additional allowance of benefits granted by the Social Security and will be considered to cover moral damages not repaired by these benefits and the rest of the financial damage that corresponds according to the aforementioned scale.
The amount resulting from the application of that scale will have to be paid by the company as an obligation.
When an employee suffers from an accident at work resulting in absolute or total permanent disability, he be also be eligible to obtain other types of compensation depending on provisions of its collective agreement. However, not all professions offer this kind of compensation, as they naturally must possess a high accident risk.
Furthermore, if the accident has been caused by the privation of security methods, the worker may be allowed to a pay by social security benefits which may extent 50%.
In case you have suffered an accident at work we strongly advise you to consult a lawyer because it is a complex situation with many variables to take into account. It is therefore important to carefully study the case to determine the different types of claims available for you to receive best possible compensation.