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A worker who has suffered a work-related accident has specific rights protected by law. These include:

• Free health care: Workers must receive medical care for their injuries, either through the company’s mutual insurance company or through the public health system.
• Financial benefits: During the period of temporary disability, the worker is entitled to receive benefits that replace their wages. If the accident results in permanent disability, they may request a pension or compensation commensurate with the severity of the consequences.
• Additional benefits: If the accident was caused by a lack of safety measures at work, the worker can claim an additional benefit, which must be covered by the company.
• Additional compensation: In some cases, collective bargaining agreements include clauses requiring companies to take out insurance covering workplace accidents, which entitles workers to specific compensation.

The general deadline for filing a claim for a work-related accident is one year. This period can be counted from different points in time, depending on the nature of the claim:

• Compensation for damages: The period begins to run from the moment the extent of the injuries or consequences becomes known.
• Claiming for additional benefits: In this case, the deadline begins when the accident is classified as work-related by Social Security.
  It’s important to act quickly, as legal proceedings can be complex, and any delay could jeopardize your right to claim. A specialized attorney can help you calculate the exact timeframe and prevent your rights from becoming statute-barred.

When a company denies responsibility for a workplace accident, you can pursue various legal avenues to assert your rights:

1. Labor Inspection: You can file a complaint so the Inspection can investigate working conditions and determine whether there were any violations of risk prevention regulations.
2. Administrative or judicial means: If the company doesn’t recognize the accident as work-related or refuses to compensate you, you can file a claim with the labor court or even open criminal proceedings if there was gross negligence.
3. Civil action: If the company has civil liability insurance, it is possible to file a claim directly against the insurer.

Our attorneys can help you build a strong case, gathering the evidence you need to prove the company’s liability and ensure you get what you deserve.

Yes, it is possible to receive both workplace accident compensation and disability benefits, as the two have different purposes and are not mutually exclusive:

• Compensation for work-related accidents: Covers physical, psychological, and property damage caused by the accident, such as lost earnings or additional expenses incurred by the worker.
• Disability benefits: These benefits are provided by Social Security to guarantee a monthly income for workers who are unable to perform their usual activities. These benefits are calculated based on the regulatory base and the degree of disability (temporary, permanent, partial, total, or absolute).

In many cases, it’s also possible to combine these compensations with other improvements provided for in the collective bargaining agreement or with compensation from liability insurance. Our team will help you identify and claim all the compensations available in your case.