What compensation am I entitled to in case of an accident going to work?
At this point we must clearly differentiate between the two aspects, as the compensation can be accumulated under certain circumstances., If you are not responsible for the accident because someone jumped a stop sign and hit your car, or crossing a pedestrian crossing and you were run over on your way to work, in this case you will be entitled to the compensations corresponding to the traffic accident itself, that is, those corresponding to the temporary injuries suffered for the days of damage until the healing or stabilization of the sequel (a daily amount that varies depending on the degree of damage suffered. In cases of leave of absence, all those days of injury are paid, at least, as a moderate damage, to about 53 euros per day). You will also be entitled to compensation for the remaining after the healing or stabilization of the injury, and is calculated according to some points to which it is given an economic value.
Finally, you also have the right to be compensated for the financial loss you have suffered (in the case of temporary injuries) or will suffer in the future (in the case of incapacity for work). In the case of temporary injuries, if the mutual insurance company pays you 75% of the regulatory base because it is an accident at work, and the company does not complete the remaining 25% because this is established in the applicable collective bargaining agreement, you will be entitled to be paid that 25% of the payroll that you have not received because you were on sick leave.
In view of the compensations in its facet of traffic accident, it remains to be contemplated those derived from being an work accident as well. In this case, the indemnification of damages by infringement of safety measures is, in principle, very difficult to apply and is not usual, although we could find the case that the vehicle provided by the company is left without brakes due to lack of maintenance and that is the main cause of the accident, so in this case we could request the indemnification due to lack of safety measures.
In addition to the above, in the case of an in itinere accident at work you may be left with some consequences that could result in permanent non disabling injuries (subject to an economic scale) or in some type of partial disability or permanent incapacity (either total for the usual work, absolute for all work or great disability).
We must not forget either, and many times claims are not made due to lack of knowledge of the law, that many collective bargaining agreements establish flat-rate compensation in the event that the worker suffers an accident at work as a result of which he or she becomes partially or permanently disabled from work. This is the agreement insurance that we deal with in a separate article. Many collective bargaining agreements oblige companies to take out such agreement insurance.
If you have suffered a traffic accident contact our office, we are lawyers specialized in accidents. We can advise you free of charge by contacting our office on 958 63 19 38 or by sending an e-mail to firstname.lastname@example.org stating your case. We will answer you without any cost as soon as possible.