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An accident is defined as any event that is caused by a violent and/or sudden action by an involuntary external agent and results in bodily injury, these in turn, are divided into 2:
-Work accident – Any injury that a person suffers because of or on the occasion of work and that results in injury or death.
-Travel accident. – These are those occurring between the commute from home to work or vice versa or on any route established by the work employer.
EXAMPLES:
- Accidents occurring on the occasion of the tasks performed, even if different from the usual ones.
- Accidents suffered in the place and during the time of work.
- Accidents “in itinere”. There is no time limitation, it is required that the accident occurs on the way to or from work, that there are no interruptions between work and the accident and that the usual route is used.
- Accidents on mission.
- Rescue accidents. When they are connected with the work. It is included in case of direct order of the employer, boss or employer or as a spontaneous act of the worker.
- Accidents due to professional imprudence.
- Accidents resulting from the action of another person. Civil or criminal fault of the employer, of a co-worker or of a third party, for example, as a result of jokes, games, breaking up a quarrel, etc.
ARE NOT CONSIDERED OCCUPATIONAL ACCIDENTS WHEN:
Accidents due to a force majeure extraneous to work. Provided that they are not related to the work, such as lightning, working outdoors, etc.
Accidents due to recklessness of the worker. Failure to comply with rules and instructions that give rise to manifest, unnecessary and serious risk.
Accidents due to malice on the part of the injured worker. When the worker consciously, voluntarily and maliciously causes an accident to obtain some benefit.
There is no single classification for the types of accidents that occur in the work environment, however, statistics classify accidents according to type according to their objectives, example:
TYPES OF ACCIDENTS
- Trivial Accidents
- Disabling Accidents (Partial-Permanent, Total-Permanent or Total-Temporary)
- Fatal Accidents
In accordance with the above classifications, occupational accidents can be classified according to the place where they occur: incapacity or occupational risk and non-occupational risk or disability. The characteristics of these classifications may vary from one country to another, but in general they are as follows:
DISABILITY OR OCCUPATIONAL RISK:
This group includes occupational accidents occurring within the facilities of the company where the employee works and accidents suffered by the worker while performing his work duties, even if the incident occurred outside the physical space of the company. If the accident requires the injured worker to rest, the employer has the obligation to grant him/her an allowance that will allow him/her to be comfortably maintained until he/she can return to his/her job, this allowance must be an amount equivalent to his/her monthly salary.
If after 12 months, the worker is still unable to return to his job, then the injured party will be granted a provisional or temporary pension that cannot be maintained for a period of more than 24 months.
DISABILITY OR NON-EMPLOYMENTAL RISK:
This category includes accidents that a person may suffer while away from his place of work, or while performing an activity that was not related to his work obligations, that is, accidents that prevent a person from working but are not directly caused by his work activity. In this case the worker will be granted a subsidy but the amount will not be equivalent, as in the previous classification, to 100% of his salary, but will only reach about 60% of the monthly salary normally received by the worker. The worker will be entitled to this subsidy as long as the accident incapacitates him/her to work for a period of more than 3 days, if the injury is cured before 3 days, then the worker will not be entitled to any subsidy.
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