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Workplace Accidents and Compensation – Lawyers
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Workplace safety is essential for any worker. However, risks are associated with any profession, meaning no one is immune to incidents.
For this reason, workers' compensation insurance is key to protecting you should any unforeseen event occur at work.
What is considered a workplace accident?
A workplace accident is defined as an incident that occurs at work, or on the way to or from work.
This term applies to injuries or illnesses that diminish a worker's ability to perform their duties. In extreme cases, death is also considered.
What is an in itinere accident?
An in itinere accident has a definition that overlaps with that of workplace accidents. However, the term in itinere accident refers to something that happens to an employee on their way between work and home, and vice versa.
Who is entitled to workers' compensation insurance?
Every employee of a company is entitled to workers' compensation insurance. This insurance is part of the worker's rights, is mandatory, and is the employer's responsibility.
Interns, apprentices, and employees working remotely should also have insurance.
Self-employed workers must have workers' compensation insurance. Exceptionally, and according to the law, Workers who consume what they produce are not required to have insurance.
Workplace and working hours: what does the law say?
Before the law, There are situations that can determine whether or not a worker is entitled to claim workers' compensation insurance. The employee's location and the time it took for the injury to appear are some of the variables.
If a worker is injured at the workplace, but the effects of the injury do not appear shortly after the incident, the worker will have to prove that the injury occurred at work.
What are a worker's rights after a workplace accident?
In situations involving workplace accidents, workers' rights are enforced, and workers' compensation insurance is activated.
If an employee suffers an injury while on the job, they are entitled to compensation according to the degree of disability resulting from the injury.
In addition to severance pay, the employee should receive support during their recovery. This includes questions about how the recovery is progressing, or whether they have been called for a medical examination.
How is the degree of disability defined?
In workplace accidents, the degree of disability defines what a worker is able to do at work, despite the injuries sustained.
A National Disability Table It defines the degree of physical disability and psychophysical injuries of an injured worker.
Each injury is associated with a percentage, which ultimately reveals the total disability of an employee in their ability to work.
What are the degrees of disability?
In workers' compensation insurance, the degree of disability An employee's ability to perform their job is divided into two levels:
- Temporary disability
- Absolute
- Partial
- Permanent Disability
Temporary disability
Temporary disability is granted whenever an accident results in functional limitations that totally or partially prevent the performance of professional tasks. Temporary disability is granted for a maximum period of 18 months, except in exceptional situations where the period may be extended up to 30 months.
Temporary disability can be:
Absoluta (IPA)
During the first 12 months, the injured party is entitled to daily compensation equal to 70% of their remuneration, and 75% after that period.
Partial (IPP)
Daily compensation equal to 70% for the reduction suffered in general earning capacity.
Disability becomes permanent, total (IPA) or partial (IPP), if the accident results in any sequelae that will definitively affect the injured person's ability to earn or work.
Permanent disability
Permanent disability exists when there is irreversible damage, sequelae, or dysfunctions that affect the injured person's earning capacity.
Permanent disability, whether partial or total, also entitles the injured party to compensation for future financial losses, that is, for the loss of earning capacity resulting from the accident.
What happens in case of death?
In situations where the victim dies, the workers' compensation It is assigned to the spouse or whoever lived with the deceased person - children, household partner, adopted children, etc.
However, the pension amount varies depending on the relationship with the deceased victim:
- Spouse or common-law partner: 30% of the injured party's compensation until retirement. After that phase, it is 40%;
- Children under 18 years old: It can be extended later if studies continue. The pension is 20%, 40%, or 50% of the deceased person's salary. If the children are orphans (both parents are deceased), the amount doubles to 80%.
- Other relatives: The value is 10%. If there are no more relatives, the value is 15%, and after the reform it is 20%.
How to calculate compensation for a workplace accident?
The calculation of compensation in case of work accidents is based on 70% of the net salary, multiplied by 14 months.
The 14 months include Christmas and holiday bonuses, and begin counting the day after the work accident.
Is there a cost to participating in labor court proceedings?
No. In workplace accident situations, there are no costs for the injured party.
What is the deadline for claiming compensation for a workplace accident?
You have one year to claim compensation. The time period begins from the day of your hospital discharge.
How can I ensure I receive fair compensation after a workplace accident?
To activate your workplace accident insurance and find out if you will have access to fair compensation, there is a concept you should keep in mind: the attempt at conciliation.
A conciliation attempt is an agreement reached by the injured party, the insurance company, and in certain cases the employer, regarding the period and degree of disability or the salary.
Therefore, it is important to know what your rights are and to be properly informed about what you can and should claim.
When should I contact a lawyer after a workplace accident?
Contacting a lawyer can be done at any time after a workplace accident. However, the sooner you have legal support, the sooner you will be aware of your situation and the rights you may be entitled to.
What is the role of lawyers?
A lawyer specializing in labor law is the ideal option to handle the case of someone injured at work.
In workplace accident situations, the presence of a lawyer is crucial. If you need legal support, it's important to know how a lawyer can be of great help:
Labor Law
A professional specializing in Labor Law In this area, you can advise the person about their rights after a workplace accident, ensuring that they receive all the compensation and indemnities they deserve.
Compensation
If the accident occurred due to company negligence or a lack of adequate safety measures, a lawyer can be crucial in obtaining compensation for moral, material, or aesthetic damages.
Social Security Law
If a person becomes incapacitated, whether temporarily or permanently, a lawyer with experience in this area can assist in applying for Social Security benefits.
Negotiations with the employer
In certain cases, it may be necessary to adapt working conditions or the worker's position within the company. A lawyer can mediate these discussions, always defending the interests of the person affected.
Accident investigation
If there are doubts about how the accident occurred, a lawyer can ensure that it is properly investigated, especially if there are signs of negligence.
Defense in internal proceedings
If, for any reason, the worker is unfairly accused due to the accident, a lawyer can represent him in any internal investigation or proceedings.
Civil Law
In more complex situations, when third parties external to the company are involved, it may be relevant to resort to civil law to safeguard the rights of the affected person.
Clarification regarding rights and obligations
After an accident, it's natural to have questions about the next steps. In this scenario, a lawyer can clarify all issues, from how to report the accident to understanding the timelines involved.
When a workplace accident occurs, it is vital that the affected person seek legal advice. An experienced lawyer is essential to ensure that their rights are respected and that they receive what is due to them.
If you have doubts about your rights, or believe you are facing an unfair situation, a lawyer is the best solution.
Do you want to protect your rights? Do you need lawyers with experience in...? Labor LawGet in touch!.
Conclusion
In short, as a form of work-related insurance, workplace accident insurance is an added benefit that any worker has access to should they experience any problem in the workplace.
In order to understand what your rights are, and how you are included in a fair compensation process, you should consult a professional. attorney It becomes the best option.
Notice: The information presented in this article is for informational purposes only and should not be interpreted as legal advice. While we have made every effort to ensure the accuracy of the content, we assume no responsibility for any inaccuracies, omissions, or legal changes that may occur after publication. If you are facing a specific situation or have questions about any matter discussed, we strongly recommend consulting a lawyer or legal expert for advice appropriate to your situation.
