When a workplace accident occurs, an immediate question arises: does the worker have the right to receive compensation? The answer is that not every accident suffered at work, by itself, gives rise to an additional liability for compensation on the part of the company, the sole proprietor, or a small or midsize business.
Therefore, for a compensation claim arising from a workplace accident to be possible, three elements must converge: the existence of a breach in the employer’s duty to prevent hazards at work, the causal link between that breach and the accident, and the existence of injuries or damages suffered by the worker.
This precision is essential. It is not enough to show that the accident occurred during working hours or at the service site. It is necessary to analyze whether there was an omission of preventive measures that were reasonably required and whether that omission was decisive in causing the accident. For example, there can be liability when the necessary personal protective equipment is not provided, when insufficient and specific training is not provided, when risks of the job are not properly assessed, or when the work equipment is inadequate or not in safe condition, as long as such breaches are the cause of the accident.
When is there no compensation?
However, there can also be situations where, despite the severity of the outcome, no compensation is due. Jurisprudence has repeatedly reminded that the employer’s safety obligation is not an absolute guarantee against any accident, but rather the adoption of measures reasonably required under the preventive regulations and the concrete circumstances of each activity.
Having a generic risk assessment, training certificates, or records of PPE delivery is necessary, but not always sufficient. In this sense, the risk assessment must cover the place where services are rendered, the specific functions of the position, and the equipment used, and the training must be adapted to the specific risks of the activity and not be limited.
One of the most common mistakes is relying on verbal instructions that, when the moment arrives, prove difficult to document. If a worker does not use an obligatory piece of equipment or performs a task in violation of safety instructions, it is advisable to document in writing the reminders, warnings, or measures taken. The aim is to be able to show that the company acted with diligence.
Coordination of business activities is also particularly important when subcontractors are involved. The duty of collaboration and coordination in preventive matters requires reviewing and keeping the relevant documentation, including risk assessments, training, provision of equipment, and necessary certificates.
When an accident has already occurred, it is essential to act in an orderly and rigorous manner. Prepare a detailed internal report, collect witness statements, identify causes, preserve photographs of the scene… these steps can be decisive in properly assessing whether liability exists.
Saray Antorán, civil law attorney at the firm Indemnización por accidente
