abogados accidente de carro

Businesses will pay 50% of employee benefits if they have an accident and did not anticipate the risk.

Employers who do not guarantee the safety and hygiene measures of their employees along with the self-employed must pay a penalty in the form of a surcharge added to the benefit in the event of an accident at work. And it lasts until the employee is discharged.

Businesses and freelancers with employees who do not follow the safety and hygiene measures established in the Occupational Risk Prevention Act will be subject to a surcharge of up to 50% on work accident benefits. This has been confirmed by the recent judgment of the Supreme Court, which confirms the judgment of the Supreme Court (TSJ) on the matter.

 

This is an interesting phrase for employees and businesses as well as the self-employed and which highlights the importance of following occupational risk prevention measures during the performance of business activities. Otherwise, the self-employed risk paying a significant surcharge on their workers' compensation benefits.

A Supreme Court decision refers to an employee suffering a broken wrist while carrying a cart of clothes through a narrow lane. In this case, the High Court found that the company did not offer adequate preventive measures to the employees, as well as the failure of the business to maintain an obstacle-free road for car traffic.

 

“When a work accident occurs, a labor inspector comes to the company and the injured worker's workplace to verify that every safety and sanitation measure has been followed. If it does not, the same investigation proposes to the National Institute of Social Security (INSS), which it imposes, the so-called surcharge on benefits,” Luis San Jose, labor lawyer of the AGM Abogados firm, explained to this newspaper.

 

The surcharge assumed by the self-employed can reach up to 50% of the benefits due to a work accident

In view of these circumstances, the courts have forced the business to assume a 30% surcharge on sick leave benefits due to accidents. This surcharge on benefits is included in Article 164 of the General Social Security Act, which establishes that "all economic benefits caused by an accident or occupational disease at work shall be increased by 30%, depending on the severity of the fault. Up to 50%" when:

 

·         Injuries are caused by work equipment or lack of regulatory protective equipment in facilities, centers or workplaces.

·         When work equipment or facilities are inoperable or in poor condition.

·         When general or specific measures of safety and health at the workplace have not been observed, or individual adaptation measures for each job, taking into account the worker's characteristics, age, sex and other conditions.

Further, the laws emphasize that the liability to pay the surcharge falls directly on the self-employed or the offending employer with the employees, and that the latter should not be subject to any insurance and that there may be no agreement or contract to cover it. is zero and zero. , compensate or transmit.

 

"This surcharge, which ranges from 30% to 50%, is imposed on any benefits received by the employee from accidents at work, medical leave and, where appropriate, pension for permanent disability. Also in case of death, it transfers to widowhood and orphanhood benefits where appropriate. is done”, Luis San Jose is qualified in this regard.

Implications for the self-employed due to the amount of the surcharge may result in business closures

Thus, the consequences for the self-employed including employees who face employee accidents at work and non-compliance with related safety and hygiene measures can be really serious. More importantly, in the case of permanent disability, when the surcharge is maintained over time. “For example, if a worker has a permanent disability pension balance of 1,000 euros, a surcharge will be applied to this amount. A surcharge of 300 to 500 euros will be borne by the self-employed person or business and they must capitalize the entire amount", explained Luis San Jose.

 

In these cases, Social Security claims full payment of this surcharge applicable to self-employment benefits, an amount calculated based on a formula called the capital cost. The result of this calculation will be the total amount payable by the self-employed worker under this concept throughout the period the injured person collects benefits.

 

Faced with this situation, Luis San Jose stressed the importance of following safety and hygiene measures in the work environment. “The self-employed must control their employees to avoid accidents at work, ensuring their safety and hygiene at all times. I have seen businesses that had to close after social security demanded capital costs, for example, 150,000 euros in case of permanent disability”, he said.

Finally, many self-employed people don't know what happens when they suffer a work accident and fail to follow safety measures. In these cases, the labor lawyer reminded that "if the accident is caused by a self-employed worker, he has no benefit surcharge, as he himself must ensure his own safety at the workplace."