Work accidents and employers' civil liability

November 22 , 2023 // Specialty

Published in El Comercio

Article 156.1 of the General Social Security Law, approved by RDL 8/2015, of October 30, provides that: "A work accident is understood to be any bodily injury that the worker suffers on the occasion or as a consequence of the work that executed on behalf of others.

When a work accident occurs, 3 legal fronts are opened: Administrative, Criminal and Labor.

COMPENSATION WAYS
• Subsidy during IT period.
• Pension recognized if a Permanent Disability is declared.
• Benefits included in the agreement.
• Compensation for damages due to civil liability (CC art. 1101 and 1902).
• Surcharge on basic Social Security benefits.

Those who, in the exercise of their functions, through fault or negligence, cause damage to the person with whom they have contracted, directly or indirectly, to provide a certain service, are civilly liable.

Employer Civil Liability is the obligation that the employer has to compensate workers for damages and injuries suffered by them derived from accidental events that occur in the development of the employment relationship.

Types of policies that cover a work accident:

• AGREEMENT POLICY, it is not necessary that there be corporate liability.

• CIVIL LIABILITY POLICY. Spanish legislation does not require the contracting of Employer Liability insurance, although it is highly recommended for employers with dependent workers. With the application of the current traffic accident scale, we must review our liability policies and the sublimits per victim since some compensation can be very high.

Our advice is that we report the incident as soon as possible since we are beginning to find ourselves subject to policies that apply a high deductible for what they call late declaration of loss.

Contact your insurance advisor and get advice. It is the best way to protect your assets in the event of a work accident.