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 Isolated Depression at High Levels (DANA) in different municipalities between October 28 and November 4, 2024.
Specifically, article 25 considers the situation assimilated to a work accident the temporary disability processes, and death and survival disability pensions 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 DANA,work accidents have actually occurred that deserve such a classification.
Since no regulatory modification has been made 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 foreign to the work, understood as being of such a nature that it bears no relation to the work that was being carried out when the accident occurred. In no case will sunstroke, lightning and other similar phenomena of nature be considered force majeure foreign to the work."
Not applying this exception means that work events that have been a consequence of DANA will be considered work accidents (provided 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 file INSS Companies FIE / Service FIER.
In these files you will have to look at field 1090 (Contingency) and field 1173 (Peculiarities in payment and contribution).
|
CONTINGENCY NOTIFIED BY THE INSS |
FIELD VALUE 1090 |
FIELD VALUE 1173 |
|
3 |
- |
|
|
IT.DANA (similar to a work accident) |
3 |
4 |
Should work events that, as a result of DANA, be considered work accidents 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 was not required (or it was 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 identification and codification 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 “ Accident description” must always begin with the word “DANA:” (without the double quotes), followed by the corresponding description.
Example of completing the accident description field:
DANA: When leaving the workplace on the way home, she 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 belongs to a professional contingency self-insurance company, it will be the medical services of said company who will assume the powers described above.
Are the agreement improvements applicable to medical leave due to a work accident?
Whether or not these improvements are applied will depend on how this issue has been expressly regulated in each of the agreements for cases of work accidents.
