The worker who suffers an accident at work or an occupational disease has the right to a series of social security benefits, even if he or she is not registered with social security, as well as compensation for the injuries suffered.

The compensation that corresponds to the worker for injuries, damages and property loss will depend on whether the company is responsible for the accident due to non-compliance with the occupational risk prevention law or for not taking necessary measures to prevent the accident from occurring and according to the facts. that caused it. Likewise, in the case of an occupational disease, you may be entitled to compensation.

What situation is the worker in after the accident:

During the leave due to temporary disability, the worker will receive a benefit of 75% of their regulatory base.
A permanent disability pension, in case the worker is not capable of working.

No type of prior contribution is required to receive a financial benefit if the leave results from a work-related accident and it will continue to be collected even if the employment relationship is terminated as long as the leave is maintained.

If the company has also been declared responsible for the inspection for non-compliance with safety measures, the possibility of benefit surcharge must be added to the compensation for the consequences, that is, the business obligation to complement or increase the temporary disability benefit. and permanent disability in the event that it exists, not only corporate liability, but also a failure to prevent occupational risks that has resulted in a work-related accident or occupational disease. This benefit surcharge can be initiated ex officio or by complaint from the worker.

The sick leave is managed by the work accident insurance company. Of course, from 365 days of sick leave up to a maximum of the sick leave, it will be managed by the INSS, and not by the mutual insurance company.

This subsidy is 75% of the regulatory base for professional contingencies from the first day of leave. It is common for the collective agreement to increase this percentage up to 100%.

Compensation resulting from injuries and consequences will require a claim before the social jurisdiction and an economic assessment that is normally carried out by a medical expert expert in the assessment of bodily harm or the report of the forensic doctor.

The worker has a period of one year from medical discharge since the final medical report of sanity of the injuries

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Leocricia González Lawyers