Speciality: Work Accident

Work Accident Lawyer in Almería

When you have an accident at work in Spain, you face the mutua, your employer, and their insurer — all at once. We represent you on every front simultaneously.

✓ English spoken  ·  ✓ ICAAL since 2010

How the Spanish work accident system works

Spain has a specific legal framework for work accidents that is quite different from other European countries. When you are injured at work, three parties come into play: the mutua (a private body that manages work-related sick leave on behalf of the Social Security), your employer, and the employer's liability insurer. Each has their own interests — which rarely align with yours.

The mutua will often try to classify your injury as a common illness rather than a work accident — this reduces their costs significantly. At Atlántida Abogados, we challenge these decisions and ensure you receive the correct classification and the full benefits you are entitled to.

What we claim for you

Sick pay (incapacidad temporal): We ensure your sick leave is correctly classified as a work accident — not a common illness — so you receive 75% of your base salary from day one, paid by the mutua.
Surcharge on benefits (recargo de prestaciones): If the accident was caused by the employer's failure to comply with health and safety regulations, we claim a 30–50% surcharge on all Social Security benefits. This is paid directly by the employer, not the insurer.
Permanent disability pension: We manage the recognition of partial, total, absolute, or severe disability (gran invalidez) before the INSS and in court when necessary.
Civil liability damages: We claim full compensation for pain and suffering, loss of earnings, and permanent sequelae from the employer's insurer.
Challenging unfair medical discharge: If the mutua discharges you prematurely, we appeal to protect your sick leave and your right to full recovery.

Our advantage: we used to work for the other side

Before founding Atlántida, both partners worked as in-house solicitors for major insurance companies. They know first-hand the tactics used to minimise payouts: downplaying sequelae in medical reports, claiming contributory negligence, or prolonging proceedings to pressure claimants into low settlements.

That insider knowledge is now entirely on your side. We anticipate their moves, prepare the right defence, and negotiate from a position of genuine strength.

Frequently asked questions

What counts as a work accident in Spain? +

Under Article 156 of the General Social Security Act, a work accident is any bodily injury suffered by an employee in connection with their work. This includes accidents at the workplace, accidents commuting to and from work (in itinere), illnesses caused by work conditions, and relapses from previous accidents.

What compensation can I claim? +

Compensation depends on the severity of injuries, days off work, permanent sequelae, your salary, and whether permanent disability is recognised. In cases with permanent sequelae, amounts typically range from €10,000 for minor injuries to over €100,000 for serious cases involving permanent total disability. If the employer was at fault, you can additionally claim the recargo de prestaciones (30–50% surcharge) and civil liability damages.

The mutua says my injury is not work-related. What can I do? +

You have the right to challenge this classification. The process starts with a formal complaint to the INSS (National Social Security Institute), and if no agreement is reached, the case goes to court. Acting quickly is essential as strict legal deadlines apply. We have extensive experience challenging mutua decisions — we know their arguments because we used to work with them.

How long do I have to make a claim? +

Deadlines vary by claim type: 30 business days to challenge the mutua's classification; 5 years for the recargo de prestaciones; 1 year for civil liability once injuries have stabilised. Do not delay — key evidence must be gathered immediately after the accident.

Do I need to speak Spanish to use your services? +

No. We work with English-speaking clients throughout the process. All meetings, documents, and updates can be handled in English.

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