A series of requirements must be met: teleological
Posted: Sun Dec 22, 2024 9:28 am
The protective action of Social Security includes a set of benefits, both economic and assistance, and is regulated in article 42 of the General Law on Social Security (LGSS). Benefits are the response to situations caused by risks and contingencies.
Focusing on risks, we can define them as the potential state of suffering some harm. We find occupational risks : they affect the individual as a worker (work accidents and occupational diseases, also including risks during pregnancy and breastfeeding) and non-occupational risks: they affect any citizen (common illness and non-occupational accidents).
If you find yourself in any of these situations, whether it is a work accident or occupational disease, put yourself in the hands of Abogados Galan Palmero , experts in labor law who will advise you from the first moment so that you do not have any problems during your recovery, either with Social Security, the mutual insurance company or the company.
The work accident
Article 156.1 of the LGSS defines what is meant by an occupational accident:
"Article 156.1 LGSS" An occupational accident is understood to be any bodily injury suffered by a worker on the occasion of or as a consequence of the work he or she performs for another person.
The legal concept of an occupational accident requires the concurrence of a series of requirements :
Existence of a bodily injury, including after-effects or mental illness.
Status of employed worker.
Causal relationship between the work performed and the injury.
The second and third sections of article 156 LGSS regulate what is considered an occupational accident:
Accidents suffered at work and during work time:
Presumption iuris tantum, unless proven otherwise, that is, any accident that occurs at the place and during working hours will be considered an occupational accident.
Working time: This is understood in a broad sense, and covers the entire period during which the worker remains at work at the employer's disposal and in the exercise of his or her activity or duties. However, case law is contradictory regarding accidents that occur before the start of the workday in the changing rooms.
The workplace: is where tasks are carried out.
Mission accidents:
An accident that occurs when a worker is posted to perform a job assigned by the usa number list company as a result of the employment contract. For example, the Supreme Court has considered a heart attack while sleeping in the truck cabin to be an accident at work. Or in the hotel where the worker stopped to spend the night on a service trip.
Accident in transit:
Accident suffered by a worker on his way to or from work . The concept of an accident in itinere has been developed by jurisprudence.
the trip must be at the beginning or end of the service and return home without interruption for personal reasons; chronological: the accident must occur immediately or close to the time of entry or exit from work; topographical: use of the usual route; mechanical: the means of transport used must be the usual one.
Accident that occurs during or as a consequence of tasks performed, which, although different from his/her professional category, are carried out in compliance with the employer's orders or those carried out spontaneously by the worker in the interest of the proper functioning of the company.
Accident on the occasion of or as a consequence of the performance of an elective union position.
Accidents during rescue operations and other similar accidents when they are connected with work.
Common diseases:
Illness contracted in connection with the performance of work; illnesses that the worker has previously suffered from but that are aggravated as a result of the injury constituting an accident; and the third case, intercurrent illnesses that occur with the accident itself or during its recovery.
Focusing on risks, we can define them as the potential state of suffering some harm. We find occupational risks : they affect the individual as a worker (work accidents and occupational diseases, also including risks during pregnancy and breastfeeding) and non-occupational risks: they affect any citizen (common illness and non-occupational accidents).
If you find yourself in any of these situations, whether it is a work accident or occupational disease, put yourself in the hands of Abogados Galan Palmero , experts in labor law who will advise you from the first moment so that you do not have any problems during your recovery, either with Social Security, the mutual insurance company or the company.
The work accident
Article 156.1 of the LGSS defines what is meant by an occupational accident:
"Article 156.1 LGSS" An occupational accident is understood to be any bodily injury suffered by a worker on the occasion of or as a consequence of the work he or she performs for another person.
The legal concept of an occupational accident requires the concurrence of a series of requirements :
Existence of a bodily injury, including after-effects or mental illness.
Status of employed worker.
Causal relationship between the work performed and the injury.
The second and third sections of article 156 LGSS regulate what is considered an occupational accident:
Accidents suffered at work and during work time:
Presumption iuris tantum, unless proven otherwise, that is, any accident that occurs at the place and during working hours will be considered an occupational accident.
Working time: This is understood in a broad sense, and covers the entire period during which the worker remains at work at the employer's disposal and in the exercise of his or her activity or duties. However, case law is contradictory regarding accidents that occur before the start of the workday in the changing rooms.
The workplace: is where tasks are carried out.
Mission accidents:
An accident that occurs when a worker is posted to perform a job assigned by the usa number list company as a result of the employment contract. For example, the Supreme Court has considered a heart attack while sleeping in the truck cabin to be an accident at work. Or in the hotel where the worker stopped to spend the night on a service trip.
Accident in transit:
Accident suffered by a worker on his way to or from work . The concept of an accident in itinere has been developed by jurisprudence.
the trip must be at the beginning or end of the service and return home without interruption for personal reasons; chronological: the accident must occur immediately or close to the time of entry or exit from work; topographical: use of the usual route; mechanical: the means of transport used must be the usual one.
Accident that occurs during or as a consequence of tasks performed, which, although different from his/her professional category, are carried out in compliance with the employer's orders or those carried out spontaneously by the worker in the interest of the proper functioning of the company.
Accident on the occasion of or as a consequence of the performance of an elective union position.
Accidents during rescue operations and other similar accidents when they are connected with work.
Common diseases:
Illness contracted in connection with the performance of work; illnesses that the worker has previously suffered from but that are aggravated as a result of the injury constituting an accident; and the third case, intercurrent illnesses that occur with the accident itself or during its recovery.