Accidents at Work
Frequently asked questions about accidents at work.

What is an accident at work?
An accident at work is an accident that occurs at the work site and during working hours, causing bodily injury, functional impairment or disease resulting in a reduction in ability to work, income or even death. Any accident occurring in the following circumstances is also considered a an accident at work:

On the route usually taken and during the time spent generally from and to:

a) His/her home and place of work;
b) Any of the places referred to above and the place where remuneration is paid, or the place where assistance or treatment is to be rendered because of an accident at work;
c) The place of work and the place of meals;
d) The place where, at the employer's discretion, the employee renders services related to his/her work and the place where he/she works on a regular basis;
e) When the normal route has been interrupted or bypassed to meet any employee's needs, as well as due to force majeure;
f) At the place of work, when exercising his/her right of meeting and workers' representation activities;
g) Outside his/her place of work and working time, while performing services directed or allowed by the employer;
h) While performing services rendered spontaneously and from which the employer may benefit;
i) At the place of work, while attending a training course, or outside, if permitted by the employer;
j) While looking for a job in case of dismissed workers;
k) At the place where remuneration is paid;
l) At the place where assistance or treatment arising from an accident at work is to be rendered.

In case of accident at work, which benefits are provided?
There are two types of benefits covering the employee's rights to compensation for accident at work, as follows:

1 – Benefits in kind: medical, surgical, pharmaceutical, hospital and any other assistance, including expenses incurred in accommodation, transport, prosthesis and orthothesis, provided they are required for reinstating the health condition and work and income ability of the injured, and his/her functional rehabilitation.
2 – Cash benefits: compensation for temporary or permanent disability; life pension as a consequence of a reduction in the work and income ability; additional benefit for third-person provided assistance; grants in respect of a high degree of permanent disability, involving house readjustment and death and funeral expenses; pensions to relatives upon death of the injured party. This assistance includes psychiatric assistance if recommended by the assistant doctor. As regards devices, in case of accident, their supply as well as their replacement and repair, even as a consequence of their deterioration due to wear and tear, should also be provided for.

Are there any limits on the benefit amount?
Where the insured compensation matches the actual compensation, and as regards benefits in kind, there is no limit under the insurance. As such the insurance company shall bear, for instance, all medical expenses required and suitable for reinstating the injured party's health condition medical expenses and work and income ability. As to cash benefits, these depend on the amount of the remuneration stated for insurance purposes.

If the compensation as stated by the employer for insurance purposes is below the actual compensation, the insurance company shall pay the portion of indemnities and pensions corresponding to the difference and, proportionally, the expenses incurred in hospitalization, clinical assistance, transport and stays, legal matters, grants for death, high permanent disability cases and readjustment, additional benefit for third-party rendered assistance and any other expenses incurred in the injured party's interest.

What does pension redemption mean?
Pension redemption involves paying any due pensions or part thereof, as a single sum. Any small annual pension (six times lower than the highest national minimum wage) or those due because of a partial permanent disability below 30% shall be mandatorily redeemed.

In certain cases as set forth in the law, the partial redemption of pensions may be required upon request of pensioners or responsible entities; however, an approval of the Labour Court shall always be required.

Which system shall apply to an accident where the injured party is both an employed person and a self-employed person?
Should there be any doubts as to the system applicable, it is assumed that the accident has occurred while working for the employee, unless otherwise proved.

If evidence can be produced to show that the accident has occurred while working as a self-employed person, the entity assumed as liable acquires the right to be reimbursed by the self-employed person's insurance company or by the worker him/herself.