Accident at Work Lawyers in Barcelona, Ibiza and Cádiz

Different rights can arise from the same workplace accident. Social Security benefits and a possible compensation claim for the harm suffered are of a different nature and must be considered separately. In addition, where the legal requirements are met, there may also be an increase in benefits for failure to provide safety measures and, if the applicable collective agreement provides for it, additional compensation or cover.

Yes. We are a law firm specialising in workplace accident claims and other personal injury cases, with offices in Barcelona, Ibiza and El Puerto de Santa María (Cádiz). We also help clients, including foreign nationals, who have had a workplace accident anywhere else in Spain, in person or remotely.

A workplace accident claim is a legal process to obtain compensation for injuries suffered in an accident at work, or while travelling to or from work, when the employer or another party is liable — for example, because adequate safety measures were not in place.

Under Spanish law, dismissing a worker as retaliation for exercising their legal rights, including making a workplace accident claim, would be unlawful. If you are concerned about this, tell us and we can advise you on your specific situation.

It depends on the severity of the injuries, whether liability is disputed, and whether the case involves a related Social Security or permanent incapacity procedure. Straightforward claims can settle in a matter of months; more complex cases can take considerably longer. We give you a realistic timeframe once we have reviewed your case.

There is no fixed amount: compensation depends on the injuries, after-effects, recovery time and financial losses, together with any Social Security benefits and increases that may apply. We can give you a realistic estimate once we have reviewed your case.

The fact that an accident is classed as a workplace accident does not, on its own, mean the employer is liable for the harm caused. It is necessary to examine the circumstances in which the accident occurred and determine whether there is liability for the harm suffered.

Spain's General Social Security Act regulates permanent incapacity where there are serious, objectively verifiable and presumably permanent physical or functional impairments that reduce or eliminate someone's capacity to work. If, after a workplace accident, you are left with after-effects that affect your capacity to work, we examine the possibility of permanent incapacity and, separately, any other claims that may apply.

Where the safety breaches set out in Article 164 of the General Social Security Act occur, the financial benefits arising from the accident are increased by between 30% and 50%. Payment falls directly on the employer at fault, and this increase cannot be insured against.

This depends on which right or type of compensation is being claimed, and on the circumstances of the accident. That is why we examine separately any possible liability for the harm suffered, Social Security benefits, the increase in benefits, and any cover or compensation set out, where applicable, in the collective agreement.

Compensation for harm arising from a workplace accident must be determined based on the circumstances of the case and the harm and losses that can be proven.

Yes. Spanish law does not require Spanish nationality or residency to bring a workplace accident claim. If you were legally working in Spain when the accident happened — whether you were living here or working temporarily — you are entitled to the same compensation and benefits as a Spanish national, regardless of your nationality or where you live now.

Yes. We work with clients of many nationalities, and we are experienced in coordinating workplace accident claims remotely for clients who are no longer in Spain, keeping in touch by phone, video call and email throughout the case.