You leave your house to work or you are returning and suddenly you are surprised by a work accident because you tripped and fell or had an accident inside your office due to the type of work you carry out, you think that it is not serious but when you injure yourself you cannot fulfill your work obligations.
Put aside the discomfort that the injury can cause you and focus on starting the procedures to resolve your compensation. Although it is a bureaucratic procedure, you must do it as soon as possible and define the correct guidelines so that you can receive the money that corresponds to you. All this you are about to know below:
Step by step the process and calculation of an accident at work
Although the injury allows you to walk and it seems that it is only a momentary pain, you have had a work accident and therefore you must proceed as follows:
- If the accident happened on the way to your job or when returning from it or within the place where you perform your duties, you should always notify your boss, therefore do not waste time and notify him.
- After you notify your boss, you must go to an emergency clinic because it is important that the time of the accident be recorded. In the clinic they will be able to treat you and assess the injury and even depending on the severity they will extend you a day due to disability, for example if you have an affected leg or another problem that prevents you from returning to your work tasks.
- After having attended the emergency clinic you will go home and the next day you will go to the family clinic where you will be reviewed again and if they deem it necessary they will extend you a maximum of 7 business days of disability, but if your injury requires more days they will extend you a new query type sheet.
- They will also provide you with an initial health care document and a probable job risk rating.
- Then you will go to occupational medicine to tell you what happened to you and you will draw the place of the accident.
- You will return in 7 days and you will receive your check to collect in 5 business days.
- With all the initial procedures carried out, you will return to the company to complete the medical attention notice and request a letter so that the clinic where you frequently attend can discharge you.
- The clinic will indicate the type of disability. You will take the exact number of days that were granted to you so that you can fully recover.
- Keep in mind that if you were injured outside of work hours due to your disability, they will pay you 60%.
In the event that it is a temporary disability, you will receive compensation for your full salary while your inability to perform work tasks continues. It is a payment that is made from the first day of your disability.
If your disability started and 3 months have passed without you resolving your ability to return to work, according to the tests and certificates it is possible to request a change in medical treatment, continue to receive your compensation and modify the type of disability to permanent and they will repeat the exams every three months.
Likewise, your boss is the person responsible for maintaining the safety and hygiene of the workplace in order to prevent work risks, but your boss will be exempt from this responsibility if you have an accident while intoxicated or if you consumed a drug or narcotic not prescribed and of course if it was you who intentionally caused the injury. In these cases, your boss is only obliged to provide you with first aid and facilitate your transfer to your home or to a medical center.
Unless you have received compensation for permanent total disability, your boss has an obligation to reinstate your job within the year that your disability has been determined and even if you cannot occupy the same job position due to the type of injury you suffered, you must reinstate another job in his business.
Table of compensation for work accident
The compensation table for work accident applies the following criteria so that compensation can be assigned:
- The disability system evaluates damages to a person at the time of an accident.
- It evaluates the guilt of the victim, that is, it evaluates whether the accident was caused by the behavior of the injured person.
- You will receive compensation in the event of temporary disability, with or without disability, for permanent injury or death.
- In addition to collecting the corresponding compensation, you will also collect everything that influences medical expenses and in case of death the cost of the funeral and burial is included.
- Depending on your damage, the compensation can be replaced in whole or in part by a life annuity if the damages you suffered and that determined the compensation have changed substantially.
- The CPI is taken into account to update the compensation.
- Only a medical report evaluates the temporary or permanent injury.
- The compensation takes into account your current financial situation, your lost income due to the damages you suffered and the particular situation of your family and other circumstances that imply the damage to be assessed.
- The compensation may be of a lesser value depending on several factors such as the fault of the accident or the worsening of the injury and even disabilities or pre-existing injuries at the date of the accident.
Compensation for work accident
- It is the federal labor law that protects you with the payment of compensation for an illness or accident due to your exposure in your work activity.
- According to article 474 of the labor legislation, a work accident is considered death, organic injury or a functional disturbance that occurs suddenly when carrying out your work tasks or because of them.
- Because the occupational risk can lead to the death of the worker, the family members must make sure that they have been registered with the Mexican institute of social security, otherwise you will have to file a claim with the local conciliation and arbitration board.
Accidents at work that are more frequent
According to the Mexican Institute of Social Security, the most frequent accidents at work report fractures with possible amputations, wounds, burns and dislocations.