Colombia

A work accident is any sudden event that occurs due to or on the occasion of work, and that produces in the worker an organic injury, a functional or psychiatric disturbance, disability or death.

A work accident is also one that occurs during the execution of orders from the employer, or contractor during the execution of a task under his authority, even outside the place and hours of work.

Likewise, a work accident is considered to be one that occurs during the transfer of workers or contractors from their residence to their workplaces or vice versa, when the transportation is provided by the employer.

An accident that occurs during the exercise of union function will also be considered a work accident, even if the worker is on union leave, as long as the accident occurs in the performance of said function.

Likewise, a work accident is considered to be one that occurs due to the execution of recreational, sporting or cultural activities, when acting on behalf of or on behalf of the employer or the user company in the case of workers from temporary service companies who are on mission. (Law 1562 of 2012)[3]​.

Spain

As of 2003, the definition of a work accident also includes self-employed workers who previously request it from Social Security and pay the corresponding social contributions.

It is therefore necessary that the following characteristics be met:

They are also considered labor in Spain, unlike the rest of the surrounding countries:.

It is not considered a work accident:

The notification of accidents is mandatory according to Law 31/1995 on the prevention of occupational risks;[5]​ the Delt@ System allows the transmission of the necessary documents through an electronic procedure.[6]​ Furthermore, in Spain, in certain sectors, especially those with a higher risk of accidents, it is possible for companies to contract the so-called agreement insurance[7]​ in the name of each worker. In the event of a work-related accident or sudden disability, the worker will have the right to the coverage established in each agreement.

Rights you have after suffering a work accident:

USA

In 1855, Georgia "Georgia (United States)") and Alabama passed employers' liability laws; 26 states passed similar laws between 1855 and 1907. The first laws allowed employees to sue the employer and then prove negligent act on their part.

The first state workers' compensation law was passed in Maryland in 1902, and the first law covering federal employees was passed in 1906. By 1949, every state had enacted a workers' compensation program.

At the turn of the 20th century workers' compensation laws were voluntary.

Since workers' compensation required benefits without regard to fault or negligence, many felt that mandatory participation would deprive the employer of property without due process. The issue was decided by the United States Supreme Court in 1917 in New York Central Railway Co. v. White, who held that an employer's rights were not infringed by mandatory workers' compensation.

After the ruling, many states enacted new mandatory workers' compensation laws.

In the United States, most employees who are injured on the job receive medical care in response to the workplace injury and, in some cases, payment to compensate for the resulting disabilities.

California has the Injured Workers' Compensation Insurance Program. An employee can request it if he or she has been injured while performing his or her job responsibilities on the employee's premises.[9]​.

New York.

Currently, New York State requires all employers to pay for workers' compensation insurance for their employees, even those residing in the United States illegally. This insurance covers medical expenses related to the work-related accident or illness, and two-thirds of the wages lost during the recovery period.[10]​.

Additionally, Section 240 of the Labor Law, known as the Scaffold Law, gives workers injured on demolition or construction work the ability to file a lawsuit for their injuries. According to this law, unique to the state of New York, building owners or main construction contractors must ensure the safety of their workers, complying with the protocols required by the Occupational Safety and Health Administration (OSHA) and providing appropriate equipment and training for workers who work at heights.

Thanks to this law, construction workers injured in buildings with three or more apartments can sue those responsible for their accident, and receive compensation for medical expenses, lost wages, future damages, and pain and suffering.[11]​.

Mexico

The federal labor law "Federal Labor Law (Mexico)") refers to the following:

Nicaragua

In the Republic of Nicaragua, the law that standards, regulates and controls good practices in Occupational Hygiene and Safety is Law 618. General Law of Occupational Hygiene and Safety and its Regulations. which is accompanied by special technical safety standards for various types of work.

However, the Labor Code of the Republic of Nicaragua in article 110 defines a work accident as: The eventual event or action that involuntarily, on the occasion or as a result of work, results in the death of the worker or produces an organic injury or functional disturbance of a permanent or temporary nature.

It is also understood as a work accident:

1. That which occurred to the worker during the normal journey between his home and his place of work.

2. That which occurs to the worker when executing orders or providing service under the authority of the employer, inside or outside the place and time of work.

3. What happens during the period of work interruption or before and after it, if the worker is at the workplace or on company premises due to his or her obligations. (Labor Code art. 110).

Accidents at work or travel are not accidents that occur while intoxicated or under the influence of drugs, due to personal disputes, suicide attempts, assaults or injuries caused intentionally and when performing work unrelated to the company where one is hired. (Labor Code art. 124).

These regulations emphasize focusing safety management on the prevention of diseases and accidents caused by an unsafe work environment. In a simple way, it is considered that work accidents originate from two basic causes that, by affecting time, space and circumstance, produce the accident. These basic causes are:

Unsafe conditions and unsafe acts.

To the extent that these causes are identified and controlled, the necessary measures can be applied to prevent harm to people and means of production.

Peru

Law No. 29783, Occupational Health and Safety Law. DS 005-2012-TR refers to the following:

Work accident is any sudden event that occurs due to or on the occasion of work and that produces in the

worker an organic injury, a functional disturbance, a disability or death.

A work accident is also one that occurs during the execution of the employer's orders, or during the execution

of work under their authority, and even outside the place and hours of work.[12]​.

India

Workplace accidents in India are a significant problem, with approximately 48,000 deaths annually during the work day. One of the factors that aggravate this situation is the lack of effective implementation of workplace safety laws. Although India has regulations in this area, lack of inspections and evasion of responsibilities by companies are common.[13]​.

According to a report published in 2022, approximately 6,500 workers died in industrial accidents between 2017 and 2021, although the numbers could be higher since many are not registered. These incidents occur mainly in sectors such as construction, manufacturing and mining, and many of the victims come from precarious or informal jobs, which represent around 90% of the country's workforce.[14]​.

European Union

In the rest of the countries of the European Union, work accidents are much more restricted than in Spain. The main differences are:

Venezuela

The Organic Law on Prevention, Working Conditions and Environment (Lopcymat), modified in 2005, defines:

It is important to mention that in the previous version, commuting or in itinere accidents were not included as Work Accidents; additionally, this new law included residential workers such as janitors and security guards in its scope of application.

To guarantee ordinal 3 of article 69, many companies have implemented what has been called "rutogram", which is a graphic representation that indicates the route, means of transport and schedules that the worker commonly uses to go from home to work and from work to home.

The main regulation that governs occupational risks in Venezuela is the Organic Law on Prevention, Conditions and Work Environment (LOPCYMAT),[15]​ enacted in 2005 and reformed in 2012. This law establishes the legal framework to guarantee the safety and health of workers in their workplaces.[16]​.

[1]​.

Colombia

A work accident is any sudden event that occurs due to or on the occasion of work, and that produces in the worker an organic injury, a functional or psychiatric disturbance, disability or death.

A work accident is also one that occurs during the execution of orders from the employer, or contractor during the execution of a task under his authority, even outside the place and hours of work.

Likewise, a work accident is considered to be one that occurs during the transfer of workers or contractors from their residence to their workplaces or vice versa, when the transportation is provided by the employer.

An accident that occurs during the exercise of union function will also be considered a work accident, even if the worker is on union leave, as long as the accident occurs in the performance of said function.

Likewise, a work accident is considered to be one that occurs due to the execution of recreational, sporting or cultural activities, when acting on behalf of or on behalf of the employer or the user company in the case of workers from temporary service companies who are on mission. (Law 1562 of 2012)[3]​.

Spain

As of 2003, the definition of a work accident also includes self-employed workers who previously request it from Social Security and pay the corresponding social contributions.

It is therefore necessary that the following characteristics be met:

They are also considered labor in Spain, unlike the rest of the surrounding countries:.

It is not considered a work accident:

The notification of accidents is mandatory according to Law 31/1995 on the prevention of occupational risks;[5]​ the Delt@ System allows the transmission of the necessary documents through an electronic procedure.[6]​ Furthermore, in Spain, in certain sectors, especially those with a higher risk of accidents, it is possible for companies to contract the so-called agreement insurance[7]​ in the name of each worker. In the event of a work-related accident or sudden disability, the worker will have the right to the coverage established in each agreement.

Rights you have after suffering a work accident:

USA

In 1855, Georgia "Georgia (United States)") and Alabama passed employers' liability laws; 26 states passed similar laws between 1855 and 1907. The first laws allowed employees to sue the employer and then prove negligent act on their part.

The first state workers' compensation law was passed in Maryland in 1902, and the first law covering federal employees was passed in 1906. By 1949, every state had enacted a workers' compensation program.

At the turn of the 20th century workers' compensation laws were voluntary.

Since workers' compensation required benefits without regard to fault or negligence, many felt that mandatory participation would deprive the employer of property without due process. The issue was decided by the United States Supreme Court in 1917 in New York Central Railway Co. v. White, who held that an employer's rights were not infringed by mandatory workers' compensation.

After the ruling, many states enacted new mandatory workers' compensation laws.

In the United States, most employees who are injured on the job receive medical care in response to the workplace injury and, in some cases, payment to compensate for the resulting disabilities.

California has the Injured Workers' Compensation Insurance Program. An employee can request it if he or she has been injured while performing his or her job responsibilities on the employee's premises.[9]​.

New York.

Currently, New York State requires all employers to pay for workers' compensation insurance for their employees, even those residing in the United States illegally. This insurance covers medical expenses related to the work-related accident or illness, and two-thirds of the wages lost during the recovery period.[10]​.

Additionally, Section 240 of the Labor Law, known as the Scaffold Law, gives workers injured on demolition or construction work the ability to file a lawsuit for their injuries. According to this law, unique to the state of New York, building owners or main construction contractors must ensure the safety of their workers, complying with the protocols required by the Occupational Safety and Health Administration (OSHA) and providing appropriate equipment and training for workers who work at heights.

Thanks to this law, construction workers injured in buildings with three or more apartments can sue those responsible for their accident, and receive compensation for medical expenses, lost wages, future damages, and pain and suffering.[11]​.

Mexico

The federal labor law "Federal Labor Law (Mexico)") refers to the following:

Nicaragua

In the Republic of Nicaragua, the law that standards, regulates and controls good practices in Occupational Hygiene and Safety is Law 618. General Law of Occupational Hygiene and Safety and its Regulations. which is accompanied by special technical safety standards for various types of work.

However, the Labor Code of the Republic of Nicaragua in article 110 defines a work accident as: The eventual event or action that involuntarily, on the occasion or as a result of work, results in the death of the worker or produces an organic injury or functional disturbance of a permanent or temporary nature.

It is also understood as a work accident:

1. That which occurred to the worker during the normal journey between his home and his place of work.

2. That which occurs to the worker when executing orders or providing service under the authority of the employer, inside or outside the place and time of work.

3. What happens during the period of work interruption or before and after it, if the worker is at the workplace or on company premises due to his or her obligations. (Labor Code art. 110).

Accidents at work or travel are not accidents that occur while intoxicated or under the influence of drugs, due to personal disputes, suicide attempts, assaults or injuries caused intentionally and when performing work unrelated to the company where one is hired. (Labor Code art. 124).

These regulations emphasize focusing safety management on the prevention of diseases and accidents caused by an unsafe work environment. In a simple way, it is considered that work accidents originate from two basic causes that, by affecting time, space and circumstance, produce the accident. These basic causes are:

Unsafe conditions and unsafe acts.

To the extent that these causes are identified and controlled, the necessary measures can be applied to prevent harm to people and means of production.

Peru

Law No. 29783, Occupational Health and Safety Law. DS 005-2012-TR refers to the following:

Work accident is any sudden event that occurs due to or on the occasion of work and that produces in the

worker an organic injury, a functional disturbance, a disability or death.

A work accident is also one that occurs during the execution of the employer's orders, or during the execution

of work under their authority, and even outside the place and hours of work.[12]​.

India

Workplace accidents in India are a significant problem, with approximately 48,000 deaths annually during the work day. One of the factors that aggravate this situation is the lack of effective implementation of workplace safety laws. Although India has regulations in this area, lack of inspections and evasion of responsibilities by companies are common.[13]​.

According to a report published in 2022, approximately 6,500 workers died in industrial accidents between 2017 and 2021, although the numbers could be higher since many are not registered. These incidents occur mainly in sectors such as construction, manufacturing and mining, and many of the victims come from precarious or informal jobs, which represent around 90% of the country's workforce.[14]​.

European Union

In the rest of the countries of the European Union, work accidents are much more restricted than in Spain. The main differences are:

Venezuela

The Organic Law on Prevention, Working Conditions and Environment (Lopcymat), modified in 2005, defines:

It is important to mention that in the previous version, commuting or in itinere accidents were not included as Work Accidents; additionally, this new law included residential workers such as janitors and security guards in its scope of application.

To guarantee ordinal 3 of article 69, many companies have implemented what has been called "rutogram", which is a graphic representation that indicates the route, means of transport and schedules that the worker commonly uses to go from home to work and from work to home.

The main regulation that governs occupational risks in Venezuela is the Organic Law on Prevention, Conditions and Work Environment (LOPCYMAT),[15]​ enacted in 2005 and reformed in 2012. This law establishes the legal framework to guarantee the safety and health of workers in their workplaces.[16]​.

[1]​.