What is the procedure after a workplace injury in Tenerife?

[seanocelt]

My wife had a small mishap at work, and went to the doctor to have her foot looked at (top of foot/metatarsal pain). The doctor, rather than send her for an xray, insists she gets a form from work and visits " Mutua"? I have no knowledge of this procedure, does anyone else? Would be nice to be treated first, but proper procedures must be followed!

[warbey]

Make sure the Incident is entered in the Accident Book at Her Employment Sean...

[marbro8]

Make sure the Incident is entered in the Accident Book at Her Employment Sean...and take some photo's of the injury it may come in handy later;)

[TenerifePool]

Find out which mutua the employer is dealing with.
Phone them with your wife's details and make an appointment.

[Javi]

My wife had a small mishap at work, and went to the doctor to have her foot looked at (top of foot/metatarsal pain). The doctor, rather than send her for an xray, insists she gets a form from work and visits " Mutua"? I have no knowledge of this procedure, does anyone else? Would be nice to be treated first, but proper procedures must be followed!

Sorry for hearing your wife had an accident.

Every workplace accident (under employment contract) must be treated by a "Mutua of Accidents and Occupational Illness." Every employer, even self-employed, have to be associated to a Mutua (by law, so it isn't an option).

In case an employee get injured during weekends, bank holidays, night shifts and the like, then she/he can be treated in any health center (private or public). The health center will inform the Mutua about the accident and the injured employee has to visit the Mutua on the first business day.

If your employer didn't inform the Mutua beforehand by sending them "El Parte de Accidente", they could refuse to assist you.

So, summarising: workplace accident - employer has to report to the Mutua - employee has to go to the Mutua - the Mutua can dictaminate either a period off work (accident/sick leave) or just an incident.

After that, the employer has to inform his/her health and safety management services and investigate the accident.

Notice the use of "have to". Everything above stated is by law.

Hope this helps.

[CIM]

I didn´t know that. Will have to speak to my gestor about being associated with a Mutua I think.

[seanocelt]

Thank you Javi. Yes, she went to her employers Mutua as instructed by local doctor, whilst in pain. 24 hrs later, she was given an appointment time. Then at the appointment was x rayed, still no treatment, then given another appointment. Whilst waiting in the waiting room a poor man, also waiting, had a heart attack. The system may be good in principle but care seems to come second.

[Javi]

I didn´t know that. Will have to speak to my gestor about being associated with a Mutua I think.

Before that any business starts to run it is automatically associated to a Mutua by the social security system. Of course, a gestor may chose a different Mutua. To put it simple, without being associated you are not allowed to begin trading.

A small percentage from your contribution to Social Security is diverted to Mutuas. They are here to deal with workplace accidents and occupational illness too. They also pay your salary for a while when you are on accident or sick leave (related to work). They can even cover surgical interventions. The way in which they operate is complex but these are the basics.

I forgot it. Upon request they have to provide you with first aid boxes.

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Thank you Javi. Yes, she went to her employers Mutua as instructed by local doctor, whilst in pain. 24 hrs later, she was given an appointment time. Then at the appointment was x rayed, still no treatment, then given another appointment. Whilst waiting in the waiting room a poor man, also waiting, had a heart attack. The system may be good in principle but care seems to come second.

Again, so sorry to hear that. I wouldn't like to sound cynic, but I couldn't think a better place for a heart attack.

I totally agree, the system may be far better but we cannot blame it for everything.

Hope your wife gets over quickly.

[seanocelt]

Thanks Javi for info and support too.

[warbey]

Sean, surely the Local Doctor is responsible for any Treatment.

Whilst You are not in the U.K. I assume Your G.P. is initially responsible for health Care.

Was the Doctor the One assigned to You, or sent to by Your Wife's Employer.?
I am not sure about this, but She should get some Treatment if still in Pain.

I think Javi will keep an Eye on this Thread, and will be able to advise if He can.

Please keep Us informed, and it may help Someone else before too long..

[seanocelt]

Her (our) doctor said, as soon as she heard the injury happened at work " you need to go to you employer and use their Mutua". It wasnt optional Warbey. (had she said it happened at home she prob would have got a pain killer and an appointment for Mojon for an xray). Javi; a question. I work for an agent. IF i got an injury at work (i work in different places), would i claim through my agency's Mutua or the place of work? Seems obvious to me but i would like your input. Again thanks for the advice so far.

[Davie Thistle]

............hope ma pal get's better soon Seanybhoy!
say hulo!

[seanocelt]

Will do Davie, she has a sore foot (after breakin her arm in FEB!!) now, but on the mend.

[Javi]

[QUOTE= Javi; a question. I work for an agent. IF i got an injury at work (i work in different places), would i claim through my agency's Mutua or the place of work? Seems obvious to me but i would like your input. Again thanks for the advice so far.[/QUOTE]

Yes, you would. If you are working under an employment contract (full time, part time or another type) you are entitled to go to the Mutua in case of workplace accident.

Notice the fact that according to H&S Spanish regulation the workplace is anywhere in which an employee is working for their employer. Think in a electrician who works for an employer and who is working in a client's premises and suffers an accident. He/she has to be treated by the Mutua.

Even, if you get injured in a car accident when you go to or come from work, then such circumstance is considered a work-related accident. This kind of accident is called "In itinire". If you use a public mean of transport, your bike, scutter or if simply you go on foot, also it is considered a workplace accident.

Be safe out there.

[seanocelt]

Thank you. Im quite astonished at this. Anyone else?

[warbey]

I read recently, that One in Five From the U.K. think the Law is the same in all Countries.

E.U. Law applies to all E.U. Territory, but then the LOCAL Law applies, according to the

National and Provincial Areas.

You probably know this, Many don't, and thanks to Javi for the advice for Tenerife,

and I expect, Todos Espana..

Please let Us know how the O.H. gets on Sean.?