Professional Contingency Benefit

It is “any bodily injury that the worker suffers on the occasion or as a consequence of the work carried out on behalf of others or on his own account.”

If a worker suffers a work accident, the company must complete the Assistance Request Form (VSA) and give it to the worker for delivery to the Mutual assistance center closest to the scene of the incident, for care and diagnosis:

• If sick leave occurs, the worker will send it to the company in order to complete the accident report that will be sent to Fraternidad-Muprespa.
• If only medical assistance has occurred, without sick leave, the worker will also deliver the corresponding part to the company, so that it, at the end of the month, processes the "list of work accidents without medical sick leave."
• In the event of a "serious" accident or death of the worker, the company must notify the competent Labor Authority of the province where it occurred and the Mutual Insurance Company, within 24 hours of the accident occurring, regardless of the accident report.

It will always be communicated through the Delt@ System or the CoNTA Portal (Catalonia only), within a maximum period of five business days.

From the day following the medical leave issued by a Fraternidad-Muprespa doctor, the injured worker will receive, through delegated payment, a subsidy equivalent to 75% of his daily contribution base. It may reach 100% according to the collective agreement applicable to each worker.

During the situation of Temporary Disability, a series of circumstances may arise that give rise to the direct payment of the worker by Fraternidad-Muprespa:

• Termination of the employment contract.
• Breach of the obligation by the employer to make the delegated payment.
• Worker who has been on medical leave for more than six months from a company with less than 10 workers.
• Express extension of the INSS after 12 months of medical leave.
• Exhaustion of the maximum benefit period of 18 months.

An Occupational Disease is understood to be "the one contracted as a result of work performed as an employee, in the activities that are specified in the table of Occupational Diseases that is approved by the applicable provisions, and that arises from the action of elements or substances that are indicated in said table for each occupational disease"(art. 157 of the LGSS).

In order to qualify a disease as professional, as indicated by the Law, three requirements must be met:

• That the disease be contracted as a consequence of work.
• That the disease contracted as a result of the activity carried out must be specified in the table of Occupational Diseases that was approved in ROYAL DECREE 1299/2006, of November 10 (published in the BOE of December 19, 2006).
• That the disease is caused by the action of the elements or substances indicated in the table for each occupational disease.

Within this ORDER TAS 1/2007 the following obligations are established:

• The Mutual Collaborator with Social Security that assumes the protection of Professional Contingencies will be obliged to prepare and process the Professional Illness Report. The initial communication of the report must be carried out within 10 business days following the date on which the diagnosis of the Occupational Disease occurred.
• Companies that have coverage for Professional Contingencies must provide the Mutual Fund with the information in their possession and that is required for the preparation of said part. Said information must be sent to the Mutual Fund within 5 business days following the initial communication of the Occupational Illness Report.
• The medical services of the collaborating companies in the management of Professional Contingencies - Autoaseguradora - must transfer, within a period of three business days, to the corresponding Mutual Insurance Company the diagnosis of the Professional Illnesses of their workers. Likewise, they must provide the Mutual Fund with the information that is in their possession and is required for the preparation of said part. Said information must be sent to the Mutual Fund within 5 business days following the initial communication of the Occupational Illness Report.