Accident in the workplace

If you have suffered an accident in the workplace, know how to help you. First of all you should know that industrial accidents are those injuries suffered by a worker during the working hours, as well as during the journey to and from the Workplace.

When a self-employed worker suffers an accident during the working hours, it will also be considered as an accident in the workplace and a corresponding compensation would be applicable, providing that the worker is covered by Social Security. In order for the accident to be considered as a labour one and thus give you the right to claim, the following characteristics must be met:

  • The affected employee must suffer some kind of body pain, physical pain, mental injury or illness.
  • The affected worker must be in the course of employment (registered in the company as an employee), freelancer with high contingency of accident or partner in the company.
  • The Accident should occur as a result of work carried out by an employee.

Whether you have been a victim of an accident while performing your job or on the way back from your job, you are entitled to claim compensation provided that you can demonstrate some of the following assumptions:

  • The worker has not received sufficient training on Prevention of Occupational Risk
  • Oversight of the security measures
  • Absence of a Plan for the Prevention of Occupational Risks
  • Risk related to the job position occupied by a worker without evaluation
  • Lack of protective equipment for workers (boots, helmets…)
  • Execution of various tasks to their own job
  • Defective materials or use without standardization
  • Damage from a co-worker or someone related to the company

Generally speaking, you could opt to claim compensation for accident in the workplace whenever the cause of the accident cannot be attributed entirely to the worker who had suffered the accident.

In addition to compensation for injuries, mutilations or deformities that you may have suffered, you also have the right to request important compensation in case of total and permanent disability, permanent partial disability, complete disability or severe disability.

Should you wish to begin the procedure for claiming compensation for an accident at work, it is desirable to have the latest Labour Inspectorates to check whether there is any Violation Act prior to accident.

For more information, get in touch with our experts in Labour Law and Social Security. Once they have studied your case, they would be happy to advice you on the best procedure for claiming compensation you deserve.

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