The performance of the duties or activities inherent to the employment relationship may be affected when the worker is injured in some way or even loses their life. These situations in which the worker is affected in their personal sphere by carrying out their work are known as a workplace accident.
Such an accident gives rise to serious consequences for the company, most notably the duty to pay compensation. In this regard, at BBMabogados we are specialists in employment matters, so whether you are the affected worker or the company held liable, do not hesitate to contact us to assess your situation and offer you the best solution.
When does a workplace accident occur in Santander?
Such an accident arises when, within the company’s premises, the worker suffers some kind of harm or injury while carrying out their duties. This means that their personal sphere is affected as a result of their work. In turn, it may occur in the following situations:
– During the working day and within the company.
– In the course of going to or coming from work. Also in any other place to which the worker has had to travel as a result of their duties. This is what is known as a commuting accident (accidente in itinere).
– Also counted as part of workplace accidents are those occupational illnesses that may have arisen as a result of carrying out work activities and the after-effects that such illnesses may have produced.
Compensation that can be claimed
When an accident at work occurs, the company is immediately obliged to provide:
MEDICAL CARE
As soon as the accident occurs, the company is obliged to take the worker to a care centre so that they can be treated for the harm suffered. Likewise, the company must cover all costs related to hospitalisation, medicines, rehabilitation and any other resulting medical expenses, until the worker’s effective recovery.
SICK-LEAVE BENEFIT
In turn, the company will pay 75% of the worker’s corresponding salary throughout the duration of the sick leave. This applies unless a collective agreement provides for a higher benefit for sick leave following an accident at work.
SPECIAL SITUATION OF AFTER-EFFECTS OR OCCUPATIONAL ILLNESSES THAT MAY ARISE
If, after the accident, the worker suffers some kind of after-effect or reduction in their working capacity, they will be entitled to receive a compensatory pension, calculated according to the type of harm suffered.
PARTIAL PERMANENT DISABILITY
If there is a reduction in the worker’s working capacity greater than 33%, the worker will be entitled to compensation of 24 months’ salary, as a single payment.
TOTAL PERMANENT DISABILITY
This is the situation in which the worker is unable to continue in their own job, although they can still carry out other types of work. In this case, a benefit or lifelong pension will be generated in the worker’s favour, equivalent to 55% of the regulatory base (base reguladora).
ABSOLUTE PERMANENT DISABILITY
This arises when the accident means the worker can no longer carry out their job, nor any other. In this case, the worker will become entitled to a lifelong pension equivalent to 100% of the regulatory base (base reguladora).
Civil claims following an accident at work
The company’s liability is not extinguished by the situations set out above. In any event, the worker will be entitled to bring a civil claim to seek those other damages that may have arisen following the accident at work.
FINANCIAL MATTERS
Payment for all harm suffered may be sought before the courts, for which the scale for compensation in traffic accidents may be used, which is published and updated annually. In turn, payment of the corresponding loss of earnings (lucro cesante) may also be demanded, equivalent to all those benefits or financial gains the worker could have earned but was prevented from doing so by the accident.
Likewise, all consequential losses (daños emergentes) that may have arisen may be claimed. These are special expenses that the worker has had to incur to cover their treatment following the accident.
NON-PECUNIARY DAMAGE
This refers to the right to compensation that the worker should receive on account of the pain or suffering endured as a result of the accident. In such a case, several factors also come into play in calculating this damage, which are analysed according to the particular circumstances of each person.
Have you suffered an accident at work?
In these circumstances, it is not only the objective fact that must be assessed; it is also essential to analyse whether the company was complying with all the workplace health, safety and environmental regulations. Otherwise, the company may be subject to much greater liability, including criminal liability.
In any event, do not hesitate to contact us in order to assess your particular situation and thus initiate any claims and negotiations that may arise.
LAWYERS WHO EMPATHISE WITH THEIR CLIENTS IN DIFFICULT MOMENTS
We protect our clients’ rights with the utmost dedication and diligence, placing special emphasis on personal attention.
