Work accident in Spain: sick pay, INSS and compensation

A work accident can happen at the workplace, on a work trip or, in some cases, on the way to or from work.

Check my work-accident route

Mutua/INSS handle medical and benefit parts; employer safety failures may open a separate route.

If the employer pressures you to describe it as non-work-related, document the facts before signing.

• Employees, temporary workers, domestic workers, delivery riders, construction workers and autónomos with work-contingency coverage.

Your rights before you accept anything

• Ask for the responsible insurer, reference number and written position.
• Do not sign a final settlement, waiver or version you do not understand.
• Keep your medical records, repair documents, travel receipts and correspondence organised in chronological order.

Deadlines and urgency

• Document your injuries and damage as soon as possible; medical or damage reports produced much later are easier for the insurer to challenge.
• Keep every notification date. Deadlines can run from receipt, not from when you understood the document.
• If the insurer makes an offer or denial, check it before accepting or replying.

• Accident report, workplace messages, witness names, photos, risk-prevention documents and PPE records.
• Mutua reports, sick-leave documents, INSS notices, payroll and contract.
• Proof of employer instructions, safety breach or pressure to change the version.

Check the insurer document for €9.90

Safe order of actions

• First, make sure everyone is safe and preserve the evidence: seek emergency care, take photos, record witness details and obtain the official accident reference where available.
• Collect the document set: reports, invoices, policy, messages, offer or denial.
• Identify who may be responsible for your claim: the insurer, transport company, employer, clinic or public authority.
• Once you have gathered the necessary documents, send the appropriate written claim or complaint and proceed to the next stage if necessary.

Prepare the insurer request

Mistakes that weaken the claim

• Signing a statement, version of events or settlement simply because someone tells you it is “standard”.
• Relying on phone calls instead of written decisions and calculations.
• Throwing away travel, medical, repair or message evidence because it looks minor.

If they deny, delay or offer too little

• Ask for the reason and calculation in writing.
• Compare the insurer’s decision with your documents and evidence before challenging it.
• If the refusal or low offer is based on a dispute over liability or the valuation of your loss, prepare a written complaint and attach the supporting evidence.

Prepare complaint against refusal or low offer

Related accident guides

FAQ

Sources