What to do after an accident at work or an occupational illness

Terms used

• Mutua — The mutua is the insurance body that covers your employer's work-accident risk and usually gives you medical care after a work accident.
• Parte de baja — The parte de baja is the official sick leave form issued by a doctor.
• Delt@ — Delt@ is the electronic system employers use to file work accident reports.
• Alta — Being in alta means you are registered and active in Social Security.
• INSS — The INSS is the national social security institute, which decides benefits and how an illness is classified.
• Base reguladora — The base reguladora is the daily amount, based on your contributions, used to calculate your sick pay.
• Reclamación previa — The reclamación previa is a written complaint to the INSS that you must file before going to the labour court.

Key rules

• No qualifying period: A work accident or occupational illness needs no minimum contributions to get sick pay.
• Sick pay: You get 75% of the base from the day after the accident, and your employer pays the accident day in full.
• Employer report: Your employer files the accident report, and serious accidents must be notified within 24 hours.
• Rejected illness: If the mutua rejects your illness as work-related, you can ask the INSS to decide.

Report it quickly and get care from the mutua

Tell your employer or supervisor straight away, then get treated. Go to the mutua's medical centre. The mutua is your employer's work-accident insurer. In an emergency, go to the nearest hospital or health centre instead.

Say clearly that it is a work accident. This matters because it decides who treats you and who pays you. An accident on the way to or from work also counts.

Keep your medical reports, the parte de baja and any photos of the accident. Write down the names of any witnesses. The checklist below has the full list.

Your employer files the report

Filing the report is your employer's job, not yours. They do it electronically through Delt@. They have 5 working days from the start of sick leave if the accident leads to leave. If there is no leave, they report it by the 5th day of the following month.

Serious, very serious and fatal accidents, and any accident affecting four or more workers, must reach the labour authority within 24 hours. Ask your employer to confirm that the report has been filed.

What you are paid

You do not need a minimum period of contributions. You only need to be registered with Social Security and in alta on the day of the accident. If you are self-employed, you must be covered for work accidents.

Pay is 75% of your base reguladora from the day after the accident. Your employer pays the day of the accident in full, as normal wages. The mutua or the INSS pays the benefit, depending on who covers your employer's work-accident risk. Your employer usually pays it to you on their behalf. Your collective agreement may top it up, so check it.

Occupational illness

An illness counts as occupational if it is on the official list of occupational diseases and comes from work in the listed activities. Ask your doctor or the mutua to report it as work-related. The body that covers the risk then files the report.

If the mutua rejects it, ask the INSS to decide how it is classified. You can still challenge that result, first through a reclamación previa and then in the labour court. An illness that is not on the list but was caused by your work can be treated as a work accident.

Differences for self-employed workers are covered in the FAQ below.

Timeline and deadlines

• Tell your employer or supervisor about the accident: straight away

• Go to the mutua medical centre, or to the nearest hospital or health centre in an emergency: straight away

• Your employer notifies the labour authority of a serious, very serious or fatal accident, or one affecting four or more workers, by email or fax: within 24 hours

• Your employer files the accident report through the Delt@ electronic system when the accident leads to sick leave: within 5 working days of the leave

Checklist

• Tell your employer or supervisor about the accident straight away.

• Ask your employer to confirm they have filed the accident report (parte de accidente) electronically.

What to watch out for

• Your pay may be higher or paid by someone else than you expect: Your sick pay is 75% of your base from the day after the accident, and your employer pays the day of the accident in full. The mutua or the INSS pays the benefit, depending on who covers your employer's work-accident risk, and your employer may pay it on their behalf. Ask your employer who covers the risk, and check your collective agreement, because many top up the 75%.

• A rejection is not the final word: If you disagree with the INSS decision, you can challenge it. File a reclamación previa first, then go to the labour court (juzgado de lo social) if needed.

Frequently asked questions

Does an accident on the way to or from work count as a work accident?

Yes, an accident on the way to or from work (called in itinere) also counts as a work accident. That means the same protection and pay apply. Tell your employer and get medical care in the same way.

What can I do if the mutua rejects my occupational illness?

If the mutua rejects your illness as work-related, you can ask the INSS to decide how the illness is classified. If you disagree with the result, you can challenge it with a reclamación previa (a written complaint to the INSS) and then go to the labour court (juzgado de lo social).

Can an illness that is not on the official list still count as work-related?

Yes, an illness that is not on the official list of occupational diseases can still be treated as a work accident if work caused it. An illness on the list must come from work in the listed activities.

Do self-employed workers get the same sick pay after a work accident?

Yes, self-employed workers get the same protection if they are covered for work accidents, which is now generally mandatory. No minimum contribution period is needed. Check with your mutua that your cover is in place.