Basic questions on work accident management

What is and what is not a work accident?

A work accident is any undesired event that occurs suddenly and unexpectedly and causes damage to people, products, tools or installations. We must differentiate it from the incidents that occur in the workplace which, although do not cause damage, under other circumstances could have caused damages to employees or property.

The following will be consideredas work accidents:

• Those suffered by an employee to or from their place of work
• Those suffered by an employee as a result of performing elective trade union office duties
• Those that occur in acts of rescue when these are connected to work
• Illnesses, provided that it can be proved they were caused from performing works
• Previously suffered illnesses that are aggravated as a result of a constitutive injury from the accident
• Consequences of the accident that are modified by intercurrent illnesses
• Those caused by professional carelessness (not those caused by “malice” or reckless carelessness).

Law 31/1995 on Occupational Risk Prevention states that it is mandatory for employers to notify the labour authority in writing of any damages to the health of their employees that had occurred as a result of performing their job.

What are the submission deadlines for each document?

• For the accident document (BY THE EMPLOYER): 5 working days from the date on which the accident or medical leave occurred.
• For the list of accidents not requiring time off work (BY THE EMPLOYER): Monthly within the first 5 working days of each month.
• List of accidents requiring time off work or resulting in death (BY THE MANAGER OR CONTRACTOR): Monthly before the 10th of the following month.
• For urgent communications (BY THE EMPLOYER): 24 hours in the event of a serious, very serious, fatal or multiple accidents (more than 4 people), except those that occurred to or from work.

Which accidents are investigated?

All work accidents, both those that require time off work and those that do not, must be investigated, as well as the most significant incidents. To do this, the following questions must be answered:

• What really happened?
• Who suffered damage and what type?
• Where and when did it happen?
• What caused the accident?
• How did it happen?
• Why did it happen?