Accidents at Work and Occupational Illness: how to identify them and Claim Compensation

12/03/2025

Occupational accidents and diseases can seriously affect the health and well-being of workers. Recognizing these cases and knowing what rights are available is essential to ensure protection and redress.

What is an accident at work and an occupational disease?

Workplace accident: Any incident that occurs during the workday or in the performance of work-related tasks, causing physical or psychological injury. Examples include a fall, a collision with a machine or a slip in offices.
Occupational disease: A health problem developed by exposure to hazards at work, such as toxic substances, poor posture or chronic stress. Common examples are musculoskeletal disorders and respiratory diseases.

Both are legally recognized in many countries, giving workers the right to medical treatment and financial compensation.

How to identify an occupational accident or disease

Workplace accidents are usually obvious, as they occur suddenly during work.
Occupational diseases can develop slowly, making them difficult to identify. Workers exposed to hazardous conditions should be aware of the possible symptoms and consult specialists if they suspect a link with the work environment.

What to do after an accident at work or an occupational disease

Seek immediate medical attention: Make sure you are receiving appropriate treatment and document any injuries or conditions diagnosed. In case of occupational diseases, consult a specialist doctor.
Notify the employer: Report the incident as soon as possible. It is essential to record the accident or initiate procedures relating to the illness.
Document the case: Gather medical reports, photographs of the accident scene, testimonies from colleagues, and any official records.
Contact the insurer: In many countries, employers must have compulsory insurance that covers occupational accidents and illnesses. Contact them to begin the claims process.

Rights and Remedies

Affected workers have rights that include:

Medical care: Immediate and long-term treatment to recover from an accident or illness.
Financial compensation: In the event of loss of income due to temporary or permanent disability.
Professional reintegration: Adaptation of the position or reassignment of tasks in the event of injuries limiting the employee’s abilities.
Permanent Damage Compensation: If the injury or illness results in permanent disability.

Workers’ Compensation and Occupational Disease Claims

The claims process includes:

File a formal complaint with the employer or the labour insurance company.
Provide documentation to support the case, such as medical reports and records of the incident.
In complex cases or rejection by insurance, turn to a lawyer.

Labor law sets specific deadlines for filing claims, so it is crucial to act quickly so as not to lose rights.

When to see a lawyer

A workers’ compensation lawyer may be essential if:

The employer’s liability is disputed.
The insurance offers insufficient compensation.
The injury or illness creates a permanent disability or requires a court process.

The lawyer will help negotiate with the insurance, gather evidence, and ensure that the worker’s rights are respected.

Prevention of occupational accidents and diseases

Prevention is key to avoiding these problems. Employers must provide a safe working environment, comply with safety regulations, and properly train employees. Workers, in turn, must follow safety instructions and wear appropriate protective equipment.

Identifying potential risks, such as hazardous conditions or exposure to hazardous substances, is also essential to prevent occupational diseases. Regular risk assessments help mitigate hazards.

Conclusion

An accident at work or an occupational disease can radically change a worker’s life. Knowing your rights, acting quickly and receiving the right support are essential steps to ensuring justice and obtaining fair compensation. Through prevention and compliance with safety regulations, it is possible to reduce risks and promote safer working environments for all. At BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.