The Congress of Deputies has validated this week the royal decree law with the special measures aimed at the Adamuz and Gelida railway accidents (among other issues). Thanks to this, sick leave resulting from both railway accidents will be recognized as “exceptional” as work accidents, even if they began before the entry into force of Royal Decree-Law 10/2026. The validation was agreed upon in yesterday’s Wednesday session and has been published today in the Official State Gazette.
This recognition means that, to access the temporary disability benefit, a minimum contribution period will not be required, in accordance with article 172.b) of the General Social Security Law. That is, you will not be asked to have a certain number of days of contributions.
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In practice, this means that the affected person will have the right to receive the amount corresponding to a work-related accident for sick leave, even if the accident had not occurred at work in the strict sense.
The recognition extends to pensions for disability, widowhood and orphanhood
The royal decree-law, which can be consulted in this Official State Gazettealso extends this protection to pensions for permanent disability, death and survival, as well as the financial benefit for permanent partial disability, when the causative event is a consequence of these railway accidents.
In this way, they will have the exceptional consideration of a situation assimilated to a work accident to calculate its amount, provided that it is more favorable for the beneficiary.
The same occurs with people included in the State Passive Classes Regime. In these cases, retirement or retirement pensions due to permanent disability, widowhood, orphanhood or in favor of parents will be considered exceptional as extraordinary benefits, provided that the causative event derives from these railway accidents and the calculation is more beneficial.
Automatic and retroactive application
Both salaried workers and self-employed workers who, on the date of the causative event, were registered in any of the Social Security regimes can benefit from this protection.
As stated in the rule, the measure will be applied without the need for the interested person to request it and with retroactive effects from the date of effect of the temporary disability subsidy or pension. Furthermore, it will apply even if the right had already been extinguished or the pension had already been recognized before the entry into force of the royal decree-law.
To do this, the operating companies Renfe Viajeros and IRYO (Intermodalidad de Levante, SA) must provide the National Institute of Social Security, the Social Institute of the Navy and the General Directorate of Social Security Regulation with the official lists of passengers and deceased persons within a period of 15 days.
For their part, to process the exceptional assimilation of a work accident, the medical professionals of the Public Health Services will codify these temporary disability processes using a specific code coordinated by the Ministry of Health.