Table of contents
According to article 115.1 of the General Law on Social Security, an accident at work is any bodily injury suffered by a worker as a direct consequence of his or her work as an employee. Moreover, since 2007, self-employed workers have also been entitled to benefits derived from this type of contingency.
Obviously, suffering this type of injury entitles you to receive certain types of benefits. But that is not all. It also allows you to receive compensation for an accident at work in certain cases. Here we would like to focus on this sensitive issue.
What does workers' compensation cover?
Firstly, the so-called "consequential damage". This concept refers to the expenses that the worker needs to restore his or her health. We are talking, for example, about medical care in a hospital, pharmacological treatment or the rehabilitation period necessary to recover from his injuries. This would also include death expenses if the employee dies as a result of the injuries.
Next, we must mention "loss of earnings", i.e. the earnings that the employee loses as a result of the injuries that prevent him from continuing to carry out his professional activity. Let us not forget that, as a general rule, the subject will have children or other dependent family members who will be in a financially compromised situation as a result of the event.
Finally, we must also talk about "non-patrimonial expenses". The difference with respect to the previous ones is that they are not directly linked to the worker's productive capacity, but to his or her ability to lead a normal life. This also includes possible aesthetic, moral and psychological damage.
The mechanisms for covering the worker in the event of an accident at work
The Social Security benefits regulated in articles 42.3 of the Law on Prevention of Occupational Risks and 147 of the General Law on Social Security are the first mechanism. However, they are focused almost exclusively on alleviating consequential damages. Specifically, in the case of an accident at work, we are talking here about compensation from the mutual insurance company.
Due to this limited character, article 164 of the General Social Security Act provides for a surcharge on benefits, which is the second mechanism. It is applied when the accident is the consequence of the use of machines or installations in poor condition or which do not comply with the requirements established in the Law on Prevention of Occupational Risks. Obviously, the responsibility for payment falls on the employer.
Civil compensation as a third protection mechanism
Compensation for the after-effects of an accident at work, as for any other matter, is the third protection mechanism available to the worker. It is undoubtedly the most complex of all as it does not have a specific regulation, which means that the employer's civil liability must be understood in a fairly broad sense.
Specifically, article 1902 of the Civil Code establishes that, when the employer does not comply with his work safety obligation, he is obliged to pay compensation. It does not matter whether the employee has spent a few months on sick leave due to a broken rib or has died. He is also subject to an extra-contractual duty not to harm another.
The table of compensation for accidents at work
When it comes to paying compensation for an accident at work, the scale to be used is a point of conflict. The reason is simple: there is no specific one for this type of situation.
This curious situation has meant that, in general, judges and insurance companies are using the scale of Law 35/2015. We are talking, of course, about the law reforming the system for the valuation of damages caused to people in traffic accidents.
Specifically, this scale establishes the following:
- Basic personal injury day. 32,40 €.
- Day of moderate personal injury. 56,15 €.
- Day of serious personal injury. 81 €.
- Day of very serious personal injury. 107,98 €.
Calculate compensation for accidents at work
In addition to the above-mentioned amounts, the amount of the social security benefit paid by the mutual insurance company and the possible surcharge by the employer must be added. In addition, for each surgical operation that the worker has to undergo as a result of the accident, an additional €430 to €1,727 is usually added.
Obviously, there are many factors to take into account, so giving an exact figure for the possible compensation for the death of a worker in an accident at work is complicated. This is the case, for example, if the injuries result in permanent, total or severe disability, as well as life-long consequences.
But is it possible to recover compensation for a heart attack at work? Many people think not, but the Supreme Court has ruled otherwise. However, as long as it takes place in the workplace and during working hours. Moreover, the employee has not been able to "destroy the presumption" beforehand. It does not matter whether he had a history of coronary heart disease or smoking.
In any case, the period for claiming compensation for an accident at work is one year. It must always be made to the company for which the worker was employed. In fact, in many sectors, businesses are obliged to have professional civil liability insurance to deal with these situations.
In short, workers' compensation is a complex issue. We hope we have shed some light on the matter and cleared up most of our readers' doubts. However, if they persist, the best thing to do is to seek advice from a labour lawyer who is an expert in the matter.
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