⚠️ ALERT! The 3 Mistakes That Ruin Your Case
- Error 1 Saying at A&E that «they fell at home» or «it was nothing» for fear of the boss. If it is not recorded as a work accident, they lose thousands of euros.
- Error 2: To sign the settlement or resignation documents «to avoid problems.» NEVER sign anything without your lawyer reading it.
- Error 3: Accept the mutual's discharge if it still hurts. You have time limits to contest it. Call us now.
Lack of safety measures and the «benefit surcharge»
The majority of serious accidents (falls, entrapments, cuts) do not occur due to «bad luck,» but rather due to a lack of prevention by the company (lack of harnesses, unguarded machinery, lack of training).
If we demonstrate this lack of measures to the Labour Inspectorate, we will achieve the Surcharge on Benefitsan increase of between 30% and 50% in all its economic benefits (sickness benefit, permanent disability, widowhood).
The Key Fact This surcharge is paid directly by the company out of its own pocket (it is prohibited to insure against it). It is the economic penalty most feared by business owners and their best negotiation tool.
Has the mutual insurance company given you the Excessive medical bill in Seville?
Mutual societies are private companies that manage public money. Their aim is to get you back to work as soon as possible to save costs.
If you are discharged and you are unable to work, we will immediately initiate the procedure for Appeal of Medical Certificate before the INSS (Disability Assessment Team).
The deadlines are ridiculously short (4 working days for professional contingencies). At FA Abogados we have Medical expert witnesses in the assessment of personal injury to refute the biased reports of the Mutual and demonstrate that its after-effects prevent her from working.
Case studies of accidents in Seville
«Scaffolding collapse
- Situation Bricklayer fell from 3 metres. The company claimed the worker voluntarily removed his harness («Reckless Negligence»).
- Strategy Report to the Labour Inspectorate demonstrating that there were no lifelines installed for harness anchorage.
- Result: 40% benefits surcharge (paid for life as part of your pension) and 120.000€ of additional civil compensation.
«Forced check-out
- Situation Chambermaid with acute herniated disc. The mutual insurance company classified it as a «common illness» to refer her to Social Security and pay less.
- Strategy Claim for Determination of Contingency before the Social Court, proving the cause-and-effect relationship with overexertion.
- Result: Recognition of a workplace accident, payment of arrears, and entitlement to compensation for permanent non-invalidating injuries.
«Factory amputation (Industry)
- Strategy Three-fold claim: Collective Agreement insurance (Metal) + Claim for damages + Surcharge on 50% benefits due to a lack of safety guards on the machine.
What is it compensation Does he/she have a right? (It's not just one)
A workplace accident opens up multiple compatible claim routes. Don't settle for the first offer.
| Type of Claim | Who pays | Main Requirement |
|---|---|---|
| Civil Liability Damages | Public liability insurance for companies | Corporate fault or negligence (lack of measures). |
| Indemnity Insurance Collective Policy | Insurance Company of the Agreement | Death or Invalidity (according to the Metal, Hospitality Convention...). |
| Surcharge on Benefits Economic Sanction | The Company (No Insuring Permitted) | Serious breach of Health and Safety at Work. |
