Jodine Serrin

All about Accident & Murder

What is considered a Work Accident

The legislation determines that “a work accident is any bodily injury that the worker suffers on the occasion or as a consequence of the work carried out as an employee” (art. 115 LGSS) this definition is still valid to count work accidents, but with the approval of law 20/2007 self-employed workers (not employed) if they have the right to benefits for professional contingencies, in the case of economically dependent self-employed, the contribution is mandatory and therefore the benefit and for the rest of for the self-employed, this contribution is voluntary.

In the same case, we find the domestic employees after the approval of RD 1596/2011.

Therefore, for an accident to have this consideration, it is necessary that:

1. That the worker suffers a bodily injury. Understanding by injury all damage or bodily detriment caused by an injury, blow, or illness. Psychological or psychological consequences or illnesses are assimilated to bodily injury.

2. That the accident is due to or as a consequence of work, that is, that there is a direct causal relationship between work – injury.

The injury does not constitute, by itself, an accident at work.


What assumptions are considered as Work Accidents?

  • Accidents produced on the occasion of the tasks carried out even if they are different from the usual ones: A work accident will be understood as one that has occurred during the performance of the tasks entrusted by the employer or carried out spontaneously by the worker in the interest of the good operation of the company, (even if they are different from their professional category)
  • Accidents suffered at the place and during the work time: The injuries suffered during the time and at the workplace are considered unless proven otherwise work accidents.
  • Accident on working: It is one that the worker suffers when going to work or when returning from it. There is no hourly limitation.
  • There are 3 elements that are required in a commuting accident
  1. What happens on the way there or back.
  2. That there are no interruptions between work and the accident.
  3. That the usual itinerary is used.
  • Accidents on a mission: These are those suffered by the worker on the journey that he/she has to make to fulfill the mission, as well as those that occur during the performance of the mission within his / her working day.
  • Accidents of elective positions of a union nature: These are those suffered on the occasion or as a consequence of the performance of the elective office of a union or government nature of the Social Security management entities, as well as accidents that occur when going to or returning from the place where they are they exercise the functions that are their own.
  • Rescue acts: These are accidents that occur in rescue acts or of a similar nature when they are connected to work.
  • Previous illnesses or defects: These are those illnesses or defects suffered previously, which manifest or worsen as a result of a work accident.
  • Intercurrent diseases: It is understood by such those that constitute complications of the pathological process determined by the accident at work itself. To classify an illness as intercurrent, it is essential that there is an immediate causal relationship between the initial work accident and the illness derived from the pathological process.
  • Common illnesses contracted by the worker as a result of the performance of their work, not included in the list of occupational diseases. The cause-effect relationship between the performance of a job and the subsequent appearance of the disease must be conclusively proven.
  • Those due to professional imprudence: Accidents derived from the habitual exercise of a job or profession and the confidence that these inspire in the injured person are thus classified.

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