Accidents at work in Spain. Claim compensation

From a legal point of view, we must define what is meant by an accident at work. Our legislation determines that "an accident at work is any bodily injury that the worker suffers on the occasion of or as a consequence of the work that he/she performs as an employee" (art. 115 LGSS) although following the approval of law 20/2007 self-employed workers (not working for an employer) can also be included. A lawyer specialising in accidents at work will be able to help you understand your rights, assess your case and ensure that the legal deadlines for filing a claim are not exceeded.

Accidents at work in Spain

Accidents at work in Spain are very frequent and the published figures highlight the serious problem they constitute. According to the latest statistics published by the Ministry of Labour in July 2023, 337 deaths due to accidents at work were recorded in Spain in the financial year 2023, 52 fewer than in the financial year 2022, which are in any case very high figures.

In addition to occupational accidents resulting in death, in Spain during the first half of the year there have been more than 360,000 €. It should be remembered that accidents that occur while commuting to work, the so-called "in itinere" accidents, should be classified as accidents at work.

Any worker or their heirs should be aware that if they have suffered an accident at work, it is very likely that they may be entitled to compensation, which in many cases can be significant.

When should the claim be initiated?

The claim should be initiated as soon as possible in order not to lose any rights that may be applicable. Depending on the type of accident, the competent jurisdiction may be labour, criminal or even in some cases civil.

The amounts of compensation will take into account the days of hospitalisation, days of recovery, after-effects and possible incapacity that the worker may have had as a result of the accident. In addition, expenses incurred may also be taken into account.

In principle, the employer is liable, but in many cases all subcontractors and even the owner of the company in the chain may be involved in the case of subcontracting of services.

In addition to the possible indemnity, it is common that in certain Collective Agreements it is possible to establish indemnities for the case of death of incapacity. In such cases, the insurance company will have to be called to the possible procedure in order to face the payment of the indemnities.

Likewise, from the point of view of the Social Security, it will be possible to claim any pensions that may be due for disability or other types of pensions in the event of death.

How long do I have to claim compensation?

The legal deadlines vary depending on the nature of the accident and the specific circumstances, but generally the following deadlines apply.

The general time limit for claiming compensation for an accident at work in Spain is one year from the date of the accident. This time limit is set out in article 1968 of the Civil Code.

However, there are certain situations in which this time limit may be different;

• Deadline in Case of Death. If the accident at work results in the death of the worker, the relatives or heirs of the deceased worker have a period of one year from the date of death to file a claim for compensation.
• Time limit in Case of Temporary Disability. In situations in which the accident at work causes temporary incapacity, the deadline for claiming may be one year from the date on which the temporary incapacity is declared to have ended or from the consolidation of the after-effects, if any.
• Time limit in the case of permanent disability. When the accident at work results in permanent incapacity, the time limit for claiming may be one year from the date on which the permanent incapacity is officially recognised. It is important to note that the date of recognition may differ from the date on which the accident occurred.
• Time limit in the case of occupational disease. In the case of occupational diseases, the time limit may be one year from the date on which the disease is diagnosed and related to the work activity. These cases can be more complex because of the need to establish a causal connection between the disease and the working conditions.
• Deadline for Claiming from Social Security and the Employer. In addition to the claim for compensation, in cases of accidents at work, it is important to take into account the deadlines for informing the Social Security and the employer. You must notify Social Security of the accident within five working days from the date of the accident. You should also inform your employer as soon as possible, as they are responsible for notifying the accident to the Social Security within three working days.

Given the complex timelines and circumstances surrounding accidents at work, it is essential to seek legal advice if you find yourself in this situation.