If you, or a family member, has suffered a work accident, at Jurand Abogados y Consultores Tributarios you will find lawyers for work accidents.

We offer you the advice you need at this time so that you know what your rights are and whose responsibility is in each of the possible circumstances.

What is considered a work accident? Types of accidents

Toda lesión que los trabajadores sufren en el lugar de trabajo y durante su jornada laboral se considera accidente de trabajo.Es la Seguridad Social la encargada de regular y establecer la normativa relativa a los accidentes laborales.

Type of compensation for work accident

All workers who suffer an accident at work have the right to receive compensation.

The type of benefit for work accident can be:

  • Compensation for temporary disability , for the duration of the leave.
  • Compensation for permanent disability , when the worker does not recover from the injuries. If there is civil liability and the prevention of occupational risks has not been complied with, you will be entitled to compensation for damages.

Can I claim compensation if I have an injury?

In the event of being injured by a accident at work , you will be entitled to compensation. To request it, it is important to be well advised by a work accident lawyer , who keeps you advised and informs you of the entire procedure so as not to take any false steps.

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Rights in the event of an occupational accident

If you suffer a work accident you will have the following rights:

  • Right to health care, the benefits of the S.S and a subscription to voluntary improvements.
  • Right to a service surcharge if the accident is due to a lack of preventive measures on the part of the company.
  • Right to compensation from criminal or civil liability, in addition to labor compensation.
  • Right to a subsidy in case of temporary disability due to the accident, which consists of an economic benefit for the time of temporary disability.
  • Subsidy of 75% that starts from the first day of sick leave
  • The 75% subsidy is calculated based on the professional contingencies that appear in the payroll for the month prior to the accident.
  • Permanent disability pension if injuries cannot be cured or sequelae remain.
  • The amount of the pension will depend on the contribution base and the degree of permanent disability granted.
  • The agreement insurance gives the right to receive compensation when a permanent disability is granted. The amount will depend on what is established in the collective agreement
  • The compensation is usually established according to the salary and the degree of temporary disability granted.

Accidents that the Law does not consider as occupational accidents

No se consideran accidentes laborales los siguientes casos:

  • Los que se produzcan por una fuerza mayor extraña al trabajo, entendiéndose por ésta la que sea de tal naturaleza que ninguna relación guarde con el trabajo que se ejecutaba al ocurrir el accidente. No se considerará fuerza mayor extraña al trabajo la insolación, el rayo y otros fenómenos análogos de la naturaleza.
  • Los que se deban a la imprudencia temeraria del trabajador accidentado

How is workers' compensation calculated?

To calculate compensation for a work accident , you will have to take as a reference the scale of the Law 35/2015 :

  • Compensation for days off work and loss of quality of life. A daily compensation is paid that varies from 100 to 300 euros.
  • If a surgical operation takes place, the compensation will be between 400 and 1,600 euros. Injury, medicine and travel expenses will also be compensated.
  • The percentage of the surcharge of benefits depends on the severity of the breach of the company, the compensation can go up 30 or 50%.

We have face-to-face offices in Granada, Madrid, Barcelona, ​​Córdoda and Ceuta. Although we attend inquiries from any other point in Spain. Contact us without obligation.

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