According to the law, the 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.” Two essential requirements must be met in all occupational accidents:
The worker has suffered a bodily injury. Injury is understood as: an injury, blow or illness, etc. That the accident is caused or as a consequence of the professional activity.
It is important to bear in mind that the injury as such, by itself, does not constitute a work accident under the law. In addition to the previous definition, the law also considers the following work accidents:
Work Related Accident
They are those that occur when going to work or when returning from it, without time limits (they can occur outside of your normal working hours) as long as the condition is met that the journey is motivated by the need to go to or return from the activity professional.
Also considered ‘work accidents’ are those that occur due to the performance of the activities while the trip to the place where these activities are carried out.
Performing Additional Tasks
Accidents are produced while performing tasks that are not contemplated in the normal activity and professional category of the worker and as long as it has been by the pure will and order of the employer for production reasons.
Those accidents that take place in the course of rescue acts and in others of a similar nature, when both are connected to work, will be considered work accidents.
They are those contracted by the worker as a result of carrying out work, provided that it is proven that the illness was exclusively caused by the execution of the same and is included in the list of occupational diseases.
Those diseases, conditions, or defects that were previously present and that experience an aggravation are understood, when this is a consequence of the injury constituting the accident.
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Thus, it is defined as those work accidents that derive only from the circumstances of the natural exercise of a job or profession.
The work accident can give rise to a series of legal indemnities of different natures since they try to indemnify different concepts although they all have the same common link, the accident.
Temporary or permanent disability benefits and compensation for non-disabling permanent injuries. All of them are contributory and their amount will be variable. You can discuss it with your work-related accident lawyer.
There are additional contractual or extra-contractual indemnities that the worker may opt for.
The judicial procedure for the recognition of a disability derived from a work accident is practically the same as in the case of common illness. However, you must discuss your case with a work-related accident attorney.