If you are suffering from a work-related accident illness or injury, considering yourself a work accident You must approach the IMSS, Mexican Institute of Social Security.
Do you want to know all the steps you must follow to make this process faster with all the required documentation? Then you will receive all the details so that you know what your rights are to collect your compensation.
Step by step how to process a work accident
- The procedure for work accident It is what you should do if you carry a disease or had an accident that is related to the tasks you carry out at work.
- The qualification is made by the IMSS health service.
- If the accident or illness makes it impossible for you to carry out the procedure, you can do it through a beneficiary you name, a legal representative or a family member.
- Knowing that it is a free procedure, you must present yourself or whoever you name as a representative in the health service at work of the Medical Unit that corresponds to your address. You can go between the hours of 8 a.m. to 2 p.m. from Monday to Friday.
- If you had an accident you must go to the initial medical attention and then you will sign the back of the ST-7 form.
- If you suffer from a work-related illness after attending initial medical care, you will need to sign the front of the ST-9 form.
- On the back of the ST.7 or ST-9 form, your boss or employer must also sign.
Documents to initiate the process for an occupational accident
You must come with several documents such as:
- The original and copy of your official identification can be a valid passport, the voting credential, the national health card, the ADIMSS card, the professional card or the national military service card.
- The proof of the initial medical attention with the qualification that you will have been given of a probable work accident with its copy and completed on the back by your boss.
- In the event that the work accident leads to death, it is necessary to present the death certificate and the autopsy certificate with the toxicological examination.
- Keep in mind that although the risk of work does not prescribe, when processing your compensation it will prescribe, therefore you must start the procedure immediately.
- Even the ST-7 and ST-9 forms are important, you must complete them correctly as soon as possible because if your injury or illness results in a sequel, you will obtain a qualification considered as Yes of work and consequently you will receive a pension for work risk or a compensation.
What is an accident at work?
1.According to article 474 of Mexican law, it is considered as work accident to a functional disturbance or an organic injury subsequent or immediate to the accident that occurred during your work obligations or because of them, regardless of the time you have provided services in that company where the accident occurred.
- It also covers accidents that may occur while you move from your home directly to the workplace or from it directly to your home.
- In other words, if you take a different route than usual or do not go directly to your home or work and suffer an accident during that unusual journey, it is not considered a work risk and therefore you are not entitled to collect compensation.
Work accident rights of the worker
- Regarding the rights of the worker related to the work accident, you have the protection of the federal labor law, because in its article 65 it indicates that in the face of an imminent risk or a sinister such as an earthquake, it is not legal that under threats they force you to attend your work, therefore if you refuse to attend for your integral security they cannot deduct the day.
- On the other hand, if you go to your work in the same conditions as above, that is, before an earthquake is imminent and during the transfer or during working hours you suffer an accident, you have the right to compensation whose value and qualification will be according to your degree of disability, it can be permanent, partial permanent, temporary or death.
- For the collection of compensation to be valid, you must be hired by the company, because if they hired you and charge fees, without financial benefits from the IMSS Institute, you will not have the right to collect compensation.
- If more than 300 people work in your company, you have the right to demand that medical personnel be hired and demand risk prevention based on preventive measures.
- Even if you assert your rights by communicating to your boss the need to prevent the risk of your work team and he does not pay attention to you, it is possible that you will file a complaint in the conciliation and arbitration board.
Rights and compensation for work accidents
- The federal labor law in article 501 indicates that compensation can be received by the widower or widower in the event of the death of the worker, as long as they are economic dependents of the injured worker.
- Children under 16 years of age and older with a disability of 50% or more can also be beneficiaries.
- If the affected worker did not have a spouse, the beneficiary is the person who lived with the worker if that coexistence occurred for 5 continuous years before his death or the person with whom he lived and has children while he is a widow or divorced. In the last case, if these conditions do not exist, the Mexican Social Security Institute is the entity in charge of designating the beneficiary.
- Even the same law indicates in article 502 that the compensation that corresponds in the event of the death of a worker corresponds to 730 days of salary without deduction of the compensation that the worker may have received while undergoing the temporary disability regime.
- You can receive 100% of the compensation for work-related accidents during the entire period of your disability, while you will receive 35 or 60% less when the illness or accident is not considered work-related.