What is the Legal definition of Work Accident?

Lawyou — Wednesday, 24 de february de 2021

This post is also available in: Español (Spanish)

An accident at work is understood as any bodily injury that the worker suffers on the occasion of or as a consequence of the work he/she performs as an employee (art. 156 LGSS).
Thus, for an accident at work to be considered as such it is necessary:

  1. That the working person suffers a physical injurycaused by an injury, blow or illness. Also included are sequelaeor psychological or psychological illness.
  2. That there is a direct causal linkbetween the work and the injury, since the injury, by itself, does not constitute an accident at work.

What is considered an accident at work in our legislation?

According to the General Law on Social Security (LGSS), in its article 156, shall be considered aswork accident:.

  1. The so-calledaccidents “in itinere”: those suffered by the workerwhen going to or returning from the workplace
  2. .

  3. The accidents suffered by the worker on the occasion or as a consequence of the performance of elective positions of a trade union nature.
  4. .

  5. in compliance with the orders of the employer, even if different from the usual tasks of his professional group.
  6. .

  7. Accidents occurring in salvage acts, provided that they have a connection with the work.
  8. The illnessescontracted by the worker in connection with the performance of his work, provided that it is proved that the illness was exclusively caused by the performance of the work.
  9. The illnessesor defectswhich the worker previously suffers from, which aggravateas a consequence of the work accident.
  10. The intercurrent illnesses,understood as the complications arising from the pathological process determined by the industrial accident.
  11. Accidents that are due to the civil or criminal culpability of another person, whether of the employer, a co-worker or a third party, provided that they are related to the work.

Which events are NOT considered an accident at work?

On the contrary, as established in the same article of the LGSS, some events will not be considered an accident at work. “Non-occupational accidents” will be all those that do not fit in the previous classification and, likewise, the following:.

  1. Accidents due to “force majeure outside the work”, i.e., whose cause is unrelated to the work being performed at the time of the accident. In no case shall sunstroke, lightning or other similar natural phenomena be considered “force majeure unrelated to the work”
  2. .

  3. Accidents that are due to the dolo of the injured worker: when the worker voluntarily and consciously causes an accident with the purpose of being recognized the benefit derived from the contingency.
  4. Accidents that are due to the reckless negligence of the injured worker, that is, when the injured person has acted contrary to the rules, instructions or orders of the employer in a repeated and notorious manner.

What should I do in the event of an accident at work?

The first step to be taken by the worker who has suffered an accident at work will be to go to the Mutual Insurance Company corresponding to the company for which services are renderedor, in view of the seriousness of the injuries suffered, to a hospital center that treats the injuries -which subsequently forwards the medical report to the Mutual Insurance Company-..

In the event of having suffered an accident at work, it is in any case of vital importance to receive adviceabout theemployment rights that cover your situation, as well as how to proceed a posteriori for the recognition of the corresponding benefit. It is the best option, therefore, to contact a lawyer specializing in labor law who knows how to act and defend the rights of the worker.

Do you need legal advice on Industrial Accidents?

  1. The partners of Lawyou specialists in Labor Law will be able to solve any doubt you may have.
  2. The lawyers at LAWYOU will help you
  3. .

  4. At LAWYOU we have lawyers with many years of experience who can help you or provide you with more information about the currently applicable legislation and future changes. Do not hesitate to contact us to tell us about your case through our email info@lawyoulegal.com or, if you prefer, you can also call us on 667 606 611.
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