Written by Josep Conesa
Employment and insolvency lawyer
POSSIBLE CRIMINAL ROUTE
A work-related accident can be reported through criminal proceedings. If a conviction is obtained, the judge may also determine civil liability by calculating the compensation due for any losses and damages caused.
POSSIBLE EMPLOYMENT LAW ROUTE
Civil liability may also be pursued through employment law proceedings, by bringing a damages claim against the company or the contractor company that subcontracted the work. A group of companies operating on the same site, for example, in the construction sector, may be jointly and severally liable where occupational health and safety measures were lacking, such as a failure to implement proper coordination measures.
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Speak to our workplace accident specialists
HOW COMPENSATION IS CALCULATED
Civil liability is assessed using the road traffic accident compensation scale (baremo), which assigns points to each permanent condition or sequela arising from the accident. The value of those points varies according to the injured person's age, and a further correction factor is applied based on their income. Any expenses incurred as a result of the accident may also be added to the total. The same scale is used to determine the amount of any compensation payable in the event of death.
DISABILITIES AND BENEFIT SURCHARGES:
A claim may also be brought through employment law channels to claim for any disability resulting from the accident, which may be classified as partial permanent disability (IPP), total permanent disability (IPT), absolute permanent disability (IPA), or severe disability.
That pension or benefit may be increased by between 30% and 50% if the workplace accident occurred due to a failure to implement safety measures, in other words, as a result of inadequate occupational risk prevention management.
LOSS OF EARNINGS
The above covers damages and losses, but it is also possible to claim for loss of earnings, that is, to seek compensation for the reduction in income suffered by the accident victim as a direct consequence of the accident.
To assess how many points should be attributed to the sequelae, it is advisable to consult a medical expert, even though the court's forensic doctor may carry out their own assessment of the injuries. The financial quantification that can then be negotiated with the Insurance Company as the subsidiary civil party liable will be derived from those points.
LABOUR INSPECTORATE SANCTIONS:
There are other consequences of the accident for the company, such as the imposition of a labour sanction.
RECOMMENDATIONS
In any event, it is advisable to engage a lawyer from the outset to guide the advice process, so as to secure stronger evidence, a more robust defence, and the best possible chance of a successful outcome in negotiations with the insurance company. As specialists in employment law and workplace accidents, including their criminal, civil, and administrative implications, we are at your disposal to assist you. Do not hesitate to contact our law firm by telephone or email; we will help you quantify your potential compensation and advise you on the key steps to handle your case correctly, since it is essential to interpret accurately the personal injury tables for road traffic accidents under the Law 35/2015 of 22 September, reforming the system for the assessment of damages caused to individuals in traffic accidents, which can be consulted in the Spanish Official Gazette (BOE)
