The current times are characterized by the presence of a huge number of occupations, all being equal, to offer the exercises that society requests, however, there are positions that can be really dangerous and it is important to remember, the type of agreement that is agreed.
It is possible that certain positions may cause the worker to suffer injuries more than others, but the most serious is the death of the affected individual.
In the event that you have suffered a physical problem at work or a close family member has died while performing their daily work duties, contact an accident at work lawyer who will really want to help you and handle your case in order to obtain the compensation you are entitled to.
What is a workplace accident?
The main thing you want to know is the meaning of everything involved in a workplace accident.
It alludes to a wide range of injuries, actual damages, wounds, blows or illnesses, which can happen to a worker while performing any of his or her regular duties at his or her job.
Furthermore, it not only covers functions that are performed in the work environment during a normal working day, but also refers to occasions that occur outside working hours, as well as day-to-day work that has been agreed with the organization.
Mishaps resulting in major injuries in the work environment are normal. The important thing is to know whether the organization you work for is in compliance with the rules set out in the employment law system and, above all, to have the help of expert legal counsel who can exhort you and look out for your freedoms.
What injuries are viewed as an employment injury?
Injuries that can be viewed as an occupational mishap are:
Illnesses that occur due to the performance of job duties.
Mishaps that may occur while commuting to or returning from work.
Injuries that originate from the performance of duties that, are performed on behalf of the company even if they are not their usual duties.
Activities performed at the request of the company outside working hours that cause damage or injury.
Illnesses contracted by the worker in the work environment or performance of duties that disturb existing injuries.
Mishaps in the work environment that cause the worker to go through carelessness or absence of well-being in the display of day-to-day obligations.
How to act if you experience a mishap at work during the execution of your day by day obligations.
On the off chance that you experience a physical issue or illness while performing your day by day exercises as an expert and your organization perceives it as a work mishap, you should know that it reserves the option to require a clinical evaluation to examine your state of wellbeing.
It may be that the injuries are insignificant and you don’t need clinical leave. In any case, you should be aware that the organization must report the mishap within 5 working days of the month following the occurrence of the events, to check that all is well.
In the event that the injury is considered serious, you will be granted temporary incapacity, which will mean sick leave for a certain period of time.
If the accident is serious to the point of causing a lasting incapacity of the representative to perform his or her work duties, or if on the contrary it causes the death of the employee on the spot, the organization must report the accident within 24 hours of its occurrence.
What happens if an employee dies while performing his or her job?
In the event that a representative dies while performing his or her ordinary job duties, the police and the Labor Inspectorate will conduct an examination to ascertain the actual reason for the death due to the accident.
In the event that, after the examination, the presence of absence of safety measures, in the presentation of duties, or in the climate of the working environment is detected, the involvement of the organization in the mishap would be concluded.
The owners of the organization could be charged with a crime against the privileges of the workers, due to the fact that they have endangered the integrity of their workers.
Assuming it is resolved that the death is due to the absence of wellbeing in the organization, they could be charged with the crime of reckless homicide.
Compensation for death in the work environment
In the event of a person’s death at work, family members are entitled to receive compensation, the amount of which depends on the degree of relationship of the deceased to the family member who warrants payment.
The compensation is generally granted to the deceased’s children, partner and guardians and is usually exceptionally high.
In order to secure compensation for death in the employment of an immediate family member, it is necessary to enlist the help of expert legal counsel, to initiate the strategy and file it with the Criminal Court.
It is always expected that the organization will have protection to cover this type of issue. For this situation, it would be positive to bargain with the guarantors to reach an agreement between both parties and try not to delay the method.
In the event that the organization does not have protection, it must pay the relatives of the deceased.
The payment of compensation can take a long time, between 3 and 4 years, so, in general, if you have protection, it is recommended to reach an agreement.