Workers who suffer an injury, mutilation or deformity of a definitive nature due to work accident or professional illness are entitled to financial compensation, although they can continue to perform their work activity, even if these sequelae do not generate a permanent disability. For social security, the amount of this compensation does not depend on the worker’s salary, but is based on a Official List of Lesionsknown as Baremo, which assigns a fixed amount to each sequel.
This right is included in article 201 of the General Social Security Law and was updated by the ISM/450/2023 order (which can be consulted in this Official State Gazette) to update the amounts of these compensation. The objective of this rule is to compensate for the loss of physical integrity of the worker, regardless of whether or not the injury prevents.
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Compensation without permanent disability
Compensation is granted even if the worker maintains his job, that is, the disability and yes, the injury itself has suffered the worker. The amounts are based on the lesion and are regulated under a scale. Thus, the lowest compensation is 515 euros for the joint stiffness of the first finger, while the highest amounts to 9,512 euros for the loss of the nose.
Between these two extremes, the scale details dozens of injuries, even differentiating between the right and left member, and considering whether the worker is right -handed or left -handed to adjust the compensation. The payment of compensation is carried out by the managing entity or the mutual collaborator responsible for professional contingencies.
These are some of the most common compensation in the official table:
- Limitation of right shoulder mobility in more than 50 %: 3,438 euros.
- Right wrist anylosis: 3,318 euros.
- Complete loss of the right index finger: 2,899 euros.
- Loss of the second and third phalanges of the right middle finger: 2,300 euros.
- Hagoacusia that affects the conversational zone in both ears: 4,289 euros.
- Residual knee flexion between 180 and 135 degrees: 2,384 euros.
- Scars (according to functional characteristics and disturbances): 647 to 2,552 euros.
- Spleen loss: 2,899 euros.
- Lower limb shortening of 2 to 4 centimeters: 1,366 euros.
- Loss of the sense of smell: 1,450 euros.
In the ISM/450/2023 order you can consult the complete list.
Practical example of how compensation is assigned
To understand how these compensation work, we go with an example, in which Marta and Javier, who suffer a work accident in their company. As a result, Marta suffers the functional loss of an ovary, while Javier suffers the complete loss of the index finger of the left hand.
To ask for compensation, salaries or contribution bases are not taken into account and yes, the injury. In this case, Marta is responsible for compensation of 3,402 euros for the loss of the ovary, while Javier would receive compensation of 2,168 euros.
Both benefits are paid in a unique payment for the physical sequel suffered, without affecting their ability to continue in their jobs, as established by law.
What happens if the injury is not on the list or is it more serious?
In the event that an injury is not included in this scale, compensation cannot be requested from such a raised, since this is a closed list, which is updated, as well as the amounts.
However, if the injury, even if it is not on the list or more serious, produces a reduction or cancellation of the worker’s work capacity, is no longer considered a “non -incamous permanent injury”, but would give rise to a possible permanent disability and the degree of the same (partial, total, absolute or great invalidity) will depend on the evaluation of the disabilities assessment equipment (EVI) better known as Medical Court.
In that case, the worker would be entitled to other types of benefits, such as a monthly pension (in the degrees of total, absolute or great disability) or a major compensation (in the degree of partial), whose amount will depend on his regulatory base and the degree of inability recognized. Therefore, this Baremo compensation is a specific compensation and unique payment for permanent physical damage that does not affect the ability to continue working.