Workplace accidents in Spain: rights, benefits and compensation
Agriculture, construction, transport and the footwear and timber industries carry a lot of weight in the province of Albacete, and with them come workplace accidents. If you have had one, you are entitled to enhanced benefits and, in many cases, additional compensation. These are the key points.
What counts as a workplace accident
Any bodily injury you suffer in the course of or as a result of your work. It also includes:
- Commuting accidents (in itinere): travelling to or from work on your usual route.
- Accidents on assignment, when travelling on the company’s instructions.
- Illnesses caused by work that are not listed as occupational diseases.
- Injuries that occur during working time and at the workplace, which are presumed to be work-related unless proven otherwise, such as many heart attacks.
Social Security benefits
- Temporary incapacity: 75% of the regulatory base from the day after the accident, with no minimum contribution period. The employer pays the day of the accident in full.
- Permanent disability, if there are after-effects: partial (a lump sum), total for your usual occupation (55% of the base, which can rise to 75% from age 55), absolute (100%) or severe disability (with a supplement if you need help from another person).
- Permanent non-disabling injuries, compensated according to a scale.
- In the event of death, widow’s/widower’s and orphan’s benefits.
It is important that the mutual insurer or employer recognises the accident as work-related. If it is processed as a common illness, you can apply for a determination of contingency.
The safety surcharge
If the accident happened because of a lack of safety measures, all benefits are increased by 30% to 50%, payable solely by the employer. It can be initiated by the Labour Inspectorate or by the worker before the Social Security Institute (INSS).
Compensation for damages
On top of this, if the employer was at fault, you can claim compensation for all damages: time off work, after-effects, non-material damage and loss of income. Courts usually use the traffic accident scale as a reference. Many employers have liability insurance that covers these amounts.
Deadlines
- A compensation claim against the employer generally expires one year after the final after-effects are known (usually from when the disability decision becomes final).
- The surcharge can be requested for five years.
What to do after the accident
Get treatment at the mutual insurer and ask for the accident report. Keep medical reports, photos, witnesses’ names and any communications about safety conditions. Do not sign agreements with the employer without advice.
How we help
We handle the determination of contingency, permanent disability and the safety surcharge, and claim compensation from the employer and its insurer. We assist workers in Albacete, Villarrobledo, La Roda, Tomelloso, Hellín, Almansa and throughout Castilla-La Mancha, in English if needed.
Frequently asked questions
Is an accident on the way to work a workplace accident?
Yes, if it happens on your usual route between home and work without significant detours. It is a commuting accident.
Can I be dismissed while on sick leave after an accident?
Sick leave does not prevent dismissal, but if the dismissal is because of the leave it may be unfair or even void. Get advice before signing.
What is the difference between the surcharge and compensation?
The surcharge increases your public benefits at the employer’s expense; compensation covers damages not covered by benefits. You can claim both.
This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.
