Occupational accidents

Occupational accidents

Occupational accidentsAdvice and attention to workers who are victim of an accident during working hours or even during the journey from home to work and going back home (accident in itinere) in order to claim the compensation resulting from their injuries to the responsible at work, contractual or extra-contractual, of the accident and its insurance.

a. Liability claims:

In order to claim a compensation for civil liability in an occupational accident it must be proved whether there has been any breach of the Prevention of Occupational Risks Law by the company, i.e. we have to prove that there is no exclusive guilt of the worker and determine any violation by the company in the prevention and control of all security measures required for its specific industrial activity to have a direct causal connection with the accident and that those measures well implemented could have avoided the accident or reduce its severity. Examples of these types of accidents are:

  • Use of defective machinery or use of machinery that has not been overhauled;
  •  Lack of industrial hygiene in the workplace;
  • Lack of training in the prevention or assessment in occupational risks to which a worker is exposed;
  •  Lack or deficiency in personal protective equipment, etc.

Occupational accidentsFor the assessment of compensation for civil liability applies to analog form the scale of accidents contained in the Annex to Real Decreto Legislativo 8/2004, dated October 29, amended by Law 21/2007, of July 11 on civil and safe movement of motor vehicles, with some special features, responsibility and a bit contradictory, labor jurisdiction where in some concepts of the rule (correction factors inability of activity, for example) high percentages are discounted of occupational disability pensions granted to workers to understand erroneously duplicated by the correction factor of civil law, which basically aims to compensate moral damage, so that while in a traffic accident, resolved in civil proceedings the employee may collect their disability pension and full civil compensation if the accident is considered to be strictly work, will charge an amount substantially less. This may begin to change from the Judgment of Cassation (4th) from 23/06/2014 to UNIFY THE DOCTRINE precisely regarding the proper application of Factor Corrector Permanent Disability RDL 8/2004, dated October 29, in the sense of understanding that is exclusively MORAL DAMAGES and, as a result of such attribution, there is no way compensate any economic concept even a small percentage of it (as coming after performing not least STS (4th Chamber) of 17.07.07, Rec. 4367/05).

The assessment of body damage needs to be performed by a doctor specialist in the assessment of body damage.

Occupational accidentsb. Disability claim:

If as a result of permanent injuries suffered in an occupational accident the worker results as an incapacitated for the performance of their professional activity, depending on whether the disability is partial, total or absolute, in addition to compensation for liability, the worker could claim compensation for these concepts:

  • Partial Permanent disability (PPD): the worker could claim compensation at a maximum sum of 24 times his or her monthly salary, and is compatible with any job, including the same he or she used to do before suffering the injury.
  •  Total Permanent disability (TPD): in these cases the employee is entitled to a pension of 55% of their contribution base, that would be compatible with any work except for the one performed the last time;
  • Absolute permanent disability and severe disability (APD): these are the most serious cases, the worker remains in a state of incapacity not only for work but also for any professional activity. The employee is entitled to a pension of 100% of his or her contribution base. In these cases, one could perform activities consistent with their status and from the age for retirement, it would be incompatible with the work in case of self-employment or employee.

c. Compensation in collective labor agreement:

It is a compensation for contractual liability that is covered by some collective labor agreements. A worker who suffers an accident resulting in total or absolute permanent disability is entitled to further compensation depending on what is set in collective labor agreement. Not all professions consider this compensation, actually generally only professions with high risk of accidents often consider this type of clause, but in any case, accident resulting in recognized (total or absolute) permanent disability, review the applicable collective agreement is necessary.

In case of occupational accident with injuries, consult us without any obligation. We offer a first meeting without charge to assess the circumstances of your case and your rights.

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