Spain - Accidents at work and occupational diseases
In this chapter we explain what support employees can apply for when they have an accident at work or suffer from a disease as a result of doing their normal job.
We will tell you about:
- Temporary incapacity resulting from an accident at work or an occupational disease (incapadidad temporal derivada de accidente de trabajo o enfermedad profesional)
- Permanent invalidity resulting from an accident at work or an occupational disease (incapacidad permanente derivada de accidente de trabajo o enfermedad profesional)
- Non-invalidating permanent injuries (lesiones permanentes no invalidantes)
- Benefits for death arising from an accident at work or an occupational disease (prestaciones de supervivencia derivadas de accidente de trabajo o enfermedad profesional)
- Compensation for death arising from an accident at work or an occupational disease (indemnización en caso de muerte derivada de accidente de trabajo o enfermedad profesional)
When can you apply for these?
If you have suffered injuries or damage from an accident at work or an occupational disease (AW/OD), you can apply for benefits on the basis of:
- Temporary incapacity resulting from an AW/OD: if you have suffered an injury at work and are temporarily unable to do your job.
- Permanent incapacity resulting from an AW/OD: if you remain partially or completely unable to work.
- Non-invalidating permanent injuries: if you have suffered irreversible injuries, which do not permanently incapacitate you but limit your physical integrity.
Support is also available for surviving family members of the deceased employee:
- Benefits for death resulting from an AW/OD: intended for surviving family members of a deceased employee due to occupational causes.
- Compensation for death resulting from an AW/OD: compensation awarded to certain beneficiaries, in addition to the corresponding pension.
What requirements must you meet?
Temporary incapacity benefit resulting from an AW/OD: if you suffer from temporary incapacity due to occupational causes, you will be considered as registered with Social Security, even though your employer has not complied with his/her obligations. No minimum contribution period is required.
Permanent invalidity benefit resulting from an AW/OD: regardless of its severity, if you suffer from permanent invalidity resulting from an accident at work or occupational disease, you will be considered as registered with Social Security, even though your employer has not complied with its obligations. No minimum contribution period is required.
Benefits for non-incapacitating permanent injuries: to apply for this benefit, you must be registered with Social Security (although no prior minimum contribution period is required); have a medical certificate (alta médica); and your injury or disfigurement must be included in the official scale.
Benefits for death due to an AW/OD (surviving spouse and partner, orphan, family members): if you are a surviving family member of a person who died as a result of an occupational disease or accident, the deceased is not required to have a previous contribution period for you to receive this benefit.
Compensation for death resulting from an AW/OD: if you are a surviving family member of an employee who died due to an AW/OD, you may apply for a lump sum compensation in addition to the corresponding pension. You are entitled to this if you are the spouse (or former spouse or common-law partner entitled to a pension as a surviving spouse and partner), orphan or father/mother dependent on the deceased.
What are you entitled to and how can you apply for it?
Temporary incapacity benefit resulting from an AW/OD
|
Amount and entitlement |
Payment and duration |
|
75% of the calculation basis Healthcare Pharmaceutical benefit without co-payment |
From the day after ceasing work up to 365 days (extendable for a further 180 days, if it is presumed you will be cured during this second period). The allowance is paid while you are temporarily incapacitated. |
Permanent invalidity benefit resulting from an AW/OD
|
Amount and entitlement |
Payment and duration |
|
This is determined by the calculation basis and the percentage applied according to the degree of permanent incapacity. Healthcare Pharmaceutical benefit without co-payment |
12 monthly payments (proportional extraordinary payments are included) From the day after temporary incapacity ceased. The pension may cease because of an invalidity review, being entitled to a retirement pension or the death of the pensioner. It can also be suspended. |
Benefits for non-invalidating permanent injuries
|
Amount and entitlement |
Payment and duration |
|
Amount determined by the scale according to the type of injury (it is compatible with the job in the same company but incompatible with permanent invalidity benefits, on the basis of the same injuries) Healthcare Pharmaceutical benefit without co-payment |
A single payment |
Benefits for death due to an AW/OD (surviving spouse and partner, orphan and family members)
|
Amount and entitlement |
Payment and duration |
|
The calculation basis results from dividing the employee's actual yearly salary by 12, plus any occasional payments and amounts |
12 monthly payments (proportional extraordinary payments are included) From the day after death, if the application is submitted within three months. |
If there has been negligence on the part of the company because of a failure to observe occupational health and safety measures, these AW/OD benefits will increase by 30% to 50%, according to the offence. The offending company will have to pay the surcharge.
Compensation for death resulting from an AW/OD
|
Amount and entitlement |
Payment |
|
Compensation calculated on the calculation basis of benefits for death resulting from an AW/OD. The amounts are: Surviving spouse, former spouse, surviving partner of a common-law relationship: 6 monthly payments of the calculation basis. Orphans: 1 monthly payment for each orphan. If there is no parent entitled to compensation, these 6 monthly payments will be divided between the orphans. Parents dependent on the deceased: 9 monthly payments if there is one parent only, or 12 monthly payments if they are both alive, provided there are no other family members of the deceased who are entitled to a pension and they themselves are not entitled to one on the death of their child. |
A single payment |
Recognition of benefit entitlement and payment are under the responsibility of the INSS or the insurance company collaborating with Social Security that covers occupational contingencies for the company concerned.
In the event of non-invalidating permanent injuries, you can apply for the benefit yourself by submitting the required documents and corresponding standard application form to the dirección provincial del INSS where you live. After receiving the documents, the Equipo de Valoración de Incapacidades (EVI) of the INSS will confirm the existence of permanent injuries. Once these are confirmed, payments for the corresponding amounts will begin.
Jargon busters
- AW/OD: accident at work or occupational disease.
- Accident at work: one which causes physical damage to workers while carrying out their tasks or as a result of their work. The definition also covers illnesses that cannot be classified as occupational because they are not included in the official list of occupational diseases, but are a result of activities inherent in this job. Accidents suffered on the way to or from work are also considered as occupational accidents.
- Occupational disease: is caused by carrying out certain occupational activities. To be considered as such, it should appear on the official list of occupational diseases.
Documents you will need
- Application for permanent invalidity and non-invalidating permanent injuries pension
- Company certificate
- Certificate on salaries for professional contingencies (3AT23)
Find out about your entitlements
These links will help you to find out about your entitlements in Spain. They are not European Commission links and do not represent the opinion of the Commission:
- You can find out more about the General Social Security Act in the Royal Legislative Decree 8/2015 of 30 October.
- Royal Decree 1430/2009 of 11 September, on temporary incapacity benefit (BOE [Boletín Official del Estado/Official State Journal] 29/9).
- Order ESS/66/2013, of 28 January, which updates the lump sum compensation amounts for definitive and non-invalidating injuries, disfigurement and deformities.
- Regulation on Work Injuries (adopted by Decree of 22-6-56).
- The official list of occupational diseases is included in the Royal Decree 1299/2006, of 10 November.
Publications and web pages of the European Commission:
- Unemployment and social security cover: your entitlements as a European citizen abroad.
Who can you contact?
Instituto Nacional de la Seguridad Social (INSS)
C/ Padre Damián, 4
28036 Madrid
SPAIN
Tel. +34 915688300
Fax +34 915640484
Web page: http://www.seg-social.es
Social Security Information Centres.
For any problem with your entitlement as a European citizen: EU welfare services.