The work-related injury and the self-employed worker

To the effects of your coverage for the Social Security System, will be understood due to work-related injury all bodily injury that you suffer on the occasion of or as a result of the occupation that you develop and that it determines its inclusion at the Special Scheme for Self-Employed Workers.

 Thus work-related injury will be considered:

• The happened in acts of salvage and others of analogous nature, when ones and others have connection with the work (Ej.: a fire in the work centre).
• Injuries that you suffer during the time and in the place of the work, when it tries on the connection with the work made by own account (Ej.: cut in the finger thumb, arising from a brick set in works of neatness)
• Illnesses, not included in the chart showing occupational diseases of the Social Security System, that you contract on the occasion of the performance of your work, provided that it tries on that the illness had for cause exclusive the execution of that (Ej.: a long-suffering acute mi in the workplace)
• Illnesses or defects suffered previously, that are aggravated as a result of the constitutive injury of the accident (Ej.: slight detached retina, aggravated by an overeffort, that it entails a total slippage)
• Consequences of the accident that they result modified in its nature, duration, gravity or ending, for intercurrent diseases, that they constitute complications derived from the disease process determined by the accident same or they have its origin in acquired diseases in the new middle in which the patient has been situated for its healing (Ej.: a spinal disc herniation, aggravated by an injury derived from an accident, with graver consequences, of the type tetraplejia).

 The processing of work-related injury for the Special Scheme for Self-Employed Workers (RETA) or for Own Account is not of all coincident one with the existing one in the Social Security General Scheme. In this case, does not exist the presumption of laboralidad, but instead that you you correspond trying the connection between the injury and work carried out.

 What work-related injury is not considered?

 In the case of the common self-employed worker, the concept of work-related injury is more limited, not including following situations:

• Those which suffers the worker when going or when returning of a place different than that one of the provision of economic activity or professional
• Accidents of circulation, in mission, except if they have the CNAE of transportation (taxi, etc.).
• Those which are owed to strange force majeure to the work, understanding for this that which is of such nature that no relationship saves with the work that was executed when happening the accident. In no case strange force majeure is considered to the work the heatstroke, the ray and other analogous phenomena of nature.
• Those which are owed to dolo or to gross negligence of the worker
• Except for test in opposite, when it has that took place out of the development of the occupation of that is discussed.

 And what occupational disease is considered?

 In the case of the executed work on a self-employed basis, is understood for occupational disease the

contracted as a result of the executed work in the activity in which is included in the scope of application of the special scheme, that is provoked for the stock of the elements and substances and in the activities within the list of occupational diseases.

 This illness list and the principals activities able to produce them are found in the Royal Decree 1299/2006, of 10 November, through which the actual chart showing occupational diseases is approved in the Social Security System and criteria are established for its notification and record.

 Thus by way of example, can summon illnesses as the provoked ones because of forced postures and movements repetitive in works of soldering irons, carpenters or waiters, as it is the case of the carpal tunnel syndrome or illnesses oftalmológicas for exhibition to ultraviolet radiations in glass and welding works, or the vowels singers nodules, teachers and actors