The classification of a work accident as a consequence of DANA
Royal Decree-Law 6/2024 of November 5 adopts a series of urgent response measures to the damage caused by High Level Isolated Depression (DANA) in different municipalities between October 28 and November 4, 2024.
Specifically, article 25 considers a situation similar to a work accident the processes of temporary disability, and disability pensions, death and survival that have occurred as a result of the DANA in the circumstances provided for in the standard.
However, this exceptional measure does not prevent, as a consequence of the DANA, from actually occurring work accidents that deserve such classification.
Not having made any regulatory modification in relation to this issue, those events that comply with what is regulated in art. 156 of the General Social Security Law (LGSS) - in the case of employed workers - and the provisions of art. 316.2 of the LGSS -in the case of self-employed workers-.
NOTE: The only clarification that must be made regarding the concept of work accident applied is that, in no case, will the exception included in section 4.a) of article 156 of the LGSS be considered. This section indicates that they will not be considered a work accident
- “Those that are due to force majeure unrelated to the work, understood as being of such a nature that it has no relation to the work that was being carried out when the accident occurred. In no case will sunstroke, lightning and other similar natural phenomena be considered force majeure unrelated to the work.”
Not applying this exception means that work events that have been a consequence of DANA will be considered work accidents (as long as they meet the rest of the requirements for this).
How can a company differentiate if a sick leave is a work accident, assimilated to a work accident or is due to another contingency?
The only way for the company to know if a medical leave is derived from a work accident or assimilated to a work accident (IT.DANA) is by analyzing the INSS file Empresas FIE / Servicio FIER.
In these files you will have to look at field 1090 (Contingency) and field 1173 (Peculiarities in payment and quotation).
|
CONTINGENCY NOTIFIED BY THE INSS |
FIELD VALUE 1090 |
FIELD VALUE 1173 |
|
Work accident |
3 |
- |
|
IT.DANA (similar to a work accident) |
3 |
4 |
Do work events that, as a consequence of DANA, are considered work accidents must be reported through Delt@?
As these are work accidents, the corresponding communications must be made to Delt@.
- In the event that the process causes medical leave or death, the corresponding Work Accident Report must be communicated.
- In the event that medical leave is not required (or it is sick leave and discharged on the same day), it must be included in the list of work accidents without medical leave for the following month.
IMPORTANT: To facilitate the identification and coding of work accident reports caused by DANA, the General Subdirectorate of Statistics and Socio-labor Analysis dependent on the Ministry of Labor and Social Economy has reported that, when completing these reports (for accidents that occurred in municipalities of the Valencian Community between 10/29/2024 and until 11/30/2024 due to the DANA), the field “Description of the accident” must always begin with the word “DANA:” (without the double quotes), followed by the corresponding description.
Example of filling out the accident description field:
DANA: When leaving the workplace on the way home, he suffered an accident due to the flood.
Who is responsible for the treatment and healthcare in case of medical leave due to a work accident?
Those responsible for the treatment and health care required by the medical leave processes due to a work accident will be the doctors of the Mutual Collaborator with Social Security with whom the worker's company has arranged coverage for professional risks. These same medical professionals will be responsible for issuing the corresponding medical reports.
If the injured worker belonged to a professional contingency self-insurance company, the medical services of said company will be the ones who will assume the powers described above.
Are the agreement improvements applicable to medical leave due to work accidents?
The application or not of these improvements will depend on how this issue has been expressly regulated in each of the agreements for cases of work accidents.
