Claims for occupational disease

August 5, 2015

What is an occupational disease?

There is a number examples where the conditions at work may result in employee suffering from an injury or disease. These diseases, caused by the mere work performed by an employee are known as occupational or industrial diseases, and are subject to claims intended to obtain damage compensation for the worker.

In general, occupational disease is caused directly from the practice or performance of a task or a job that could lead to worker experiencing a certain level of incapacity or even death.

Nonetheless it is important to point out that not all the diseases derived from work are considered to be occupational diseases. To clarify whether a disease is considered as a direct consequence of work or not and whether the affected employee is subject to compensation or the granting of a certain level of incapacity, it is necessary to assess the circumstances of the case.

Referring to the above, in order for a disease to be qualified as occupational disease it is necessary for it to appear on the “Occupational Diseases List” on the RD 1299/2006, of the 10th of November and approved on the Table of Occupational Diseases of the Social Security System. Furthermore, other existing circumstances should also appear be presented, such as the profession or activity performed by worker in the abovementioned table or the conditions causing the disease to be present at work environment.

What are the economic benefits for occupational disease? 

At first we are going to see what type of benefit suitable the person suffering from the occupational disease can receive. The worker will be entitled to an economic benefit from the day after he or she has to take a leave from work and until the day he or she comes back. The benefit will amount to 75% of the regulatory basis.

Secondly, there are economic benefits for permanent incapacity, survival or death deriving from work accidents. Those are the following:

  • Allowance for total and permanent incapacity for which a 100% compensation of the regulatory basis is established.
  • Compensation for permanent injury that does not incapacitate the worker, for which a payment with accordance to the standard legal scale is established.
  • Compensation for partial and permanent incapacity, which corresponds to 24 months of payments of regulatory basis.
  • Lifetime monthly allowance for total and permanent incapacity; exceptionally this allowance could be substituted for a compensation depending on the circumstances, but only in the case of the injured being younger than 60 years old. To this life time allowance will correspond the 55% of the salary and it might be increased in a 20% if the injured is more than 55 years old.
  • In the case of decease resulting from a work accident or an occupational disease, a widow/widower will be entitled of an allowance of the 52% of the regulatory basis. On the other hand, the injured children could perceive the 20% of the regulatory basis, added to this, they could receive compensation for funerary expenses and a one off payment of 6 months of salary plus one more monthly payment per each minor children. Also, as outlined by law, entitled to compensation are those direct relatives who were residing with the injured/deceased and were financially dependent.

Depending on the event and the occasion, benefits from social assistance will be offered.

In conclusion we can see that a number of economic benefits might be obtained to help the injured suffering from an occupational disease or those close to him/her. For that reason, if we take into account the difficulty of the process, it is very important to turn to a professional legal consultant right from the start to receive the maximum compensation possible.

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