What to do in case of suffering an occupational risk?

According to the Federal Labor Law, occupational hazards are all accidents or illnesses to which workers are exposed, and depending on the severity, the employer must pay compensation for temporary or permanent disability.

The most common work accidents to which any worker is exposed are falls, physical and mental fatigue, road accidents, aggressions, occupational burnout syndrome, among others.

If you present a work risk, your employer, through the IMMS is obliged to pay you compensation for temporary or permanent disability.

Workers who suffer an occupational hazard have the right to:

• Medical and surgical assistance
• Rehabilitation Hospitalization,
• Medicines and healing material
• Prosthetics and orthopedics devices needed
• Compensation set by law

There are two types of risks:

• Work risk: Within the company’s facilities.
• Risk of travel: Either before going to work or when returning home.

Occupational hazards can produce:

• Temporary disability: Loss of faculties or abilities that partially or totally disable a person to adequately perform their work for some time.
• Partial permanent disability: Decrease in the faculties or aptitudes of a person to work.
• Total permanent disability: Loss of faculties or skills of a person that make it impossible to perform any job for the rest of his life.
• Death.

To determine the payment of disabilities, the daily wage that the worker had before the risk occurred is taken as a basis. It is important to consider the following:

• The amount taken as a basis for the payment of compensation may not be less than the minimum wage.
• Maximum salary will be considered if the salary of the worker exceeds twice the minimum wage of the geographical area.

If a worker is not enrolled in Social Security, the employer becomes responsible for the work risks suffered by employees when they are working in the company.- Ministry of Labor and Social Security.

The employer does not cover the occupational risk if:

• The worker is in a state of drunkenness.
• The accident was under the action of some narcotic or unnerving drug.
• The worker intentionally causes an injury on his own or in agreement with another person.
• It is the result of a fight or suicide attempt.

In the event that a worker does not have economic benefits from the IMSS, it is very likely that he will not have the right to claim compensation for suffering an occupational risk.

Legal and Accounting Consulting in Playa del Carmen