Criminal, Administrative, and Labor Law: A Hat Trick in Response to an Inspection Report

IMPORTANT: This article analyzes a case decided in accordance with the applicable legal and case law framework at that time. Any reference to the former Article 123 of the General Social Security Law should now be understood as replaced by Article 164 of the Consolidated Text of the General Social Security Law, approved by Royal Legislative Decree 8/2015.

IN DIEM Abogados secured three final, favorable rulings in administrative, labor, and criminal proceedings that initially stemmed from a labor inspection report issued following a workplace accident.

The matter was handled in a coordinated manner by various departments within the firm, which made it possible to establish the absence of corporate liability across the various legal areas involved. This intervention was particularly significant because proceedings of this nature can have financial, labor, administrative, and even criminal consequences for companies, employers, executives, or occupational safety and health officers.

Labor Inspection Report and Work-Related Accident Report

IN DIEM has obtained three consecutive final, favorable rulings in separate administrative, labor, and criminal proceedings that initially stemmed from a labor inspection report, thereby establishing the company’s definitive lack of liability.

This case stems from an inspection report prepared following a workplace accident. As is well known, such incidents can sometimes—depending on their nature—have multiple repercussions for employers and companies, among others, ranging from the imposition of costly surcharges on social security contributions to claims for compensation and even criminal liability.

Currently, the surcharge on financial benefits resulting from a work-related accident or occupational disease is governed by Article 164 of the General Social Security Law. Meanwhile, potential criminal liability related to the failure to implement workplace safety measures is governed, among other provisions, by Article 316 of the Penal Code, which addresses violations of occupational risk prevention regulations when the life, health, or physical integrity of workers is seriously endangered.

A three-pronged approach: administrative, labor, and criminal

Workplace accidents can give rise to a variety of proceedings. First, an administrative proceeding may be initiated, particularly when the Labor and Social Security Inspectorate becomes involved and investigates whether there have been any violations of safety regulations.

Second, there may be labor or Social Security implications related to the recognition of benefits, potential penalties for failure to implement safety measures, claims for compensation, or the determination of financial liability arising from the accident.

Finally, in certain cases, the facts may also have criminal implications, particularly when investigating whether the company, its directors, or those legally responsible failed to implement occupational risk prevention measures that have criminal implications.

For this reason, legal representation in these types of cases requires a coordinated strategy. It is not enough to analyze each proceeding in isolation, since the arguments, the established facts, and the rulings obtained in one proceeding can influence the assessment of the others.

Benefit Surcharge and Causal Relationship

The latest ruling issued by Social Court Number 1 of Seville, regarding the surcharge on benefits, states: “The surcharge is not applicable if there is no causal link between the employer’s breach of duties and the resulting injury. Therefore, the surcharge is not applicable when the accident is due to the victim’s fault, their own negligence and imprudence; but always, of course, provided it is the exclusive fault of the worker.”

This line of reasoning highlights the importance of analyzing not only the occurrence of an accident, but also whether the necessary conditions for attributing corporate liability are met. With regard to the benefit surcharge, it is essential to assess the existence of a preventable violation, the causal link to the harmful outcome, and the specific circumstances in which the accident occurred.

Determining whether the employee bears sole fault, whether the causal link has been broken, or whether the employer failed to fulfill its obligations are issues that require solid evidence and an appropriate litigation strategy. Each case must be examined on a case-by-case basis, taking into account preventive documentation, job conditions, training received, instructions given, available resources, and the specific circumstances of the accident.

Coordination Among Legal Departments as a Decisive Factor

Coordination among the various departments at IN DIEM made it possible to demonstrate and argue the absence of liability, which had been estimated at over €750,000, resulting—ultimately—in all favorable rulings and decisions.

This outcome highlights the importance of having a comprehensive defense strategy when a single incident can have repercussions across multiple jurisdictions or administrative spheres. In proceedings arising from workplace accidents, the strategy must simultaneously address inspections, potential administrative liability, labor or Social Security claims, and any criminal investigation.

An effective defense requires reviewing the inspection report, preventive documentation, technical reports, accident reports, the training and information provided to the worker, the risk assessment, preventive planning, existing safety measures, and any other information that can help reconstruct the actual sequence of events.

Legal Defense in Cases of Workplace Accidents and Inspection Reports

When a company receives an inspection report related to a workplace accident, it is essential to act quickly and accurately. The initial phase can influence the subsequent course of the case and the company’s legal position in other proceedings.

Key activities include analyzing the documentation received, preparing briefs, gathering evidence, reviewing the preventive measures implemented, coordinating with occupational safety and health services, and assessing potential labor, administrative, civil, or criminal consequences.

In these matters, a fragmented defense can lead to contradictions or weaken the company’s position. Conversely, a coordinated strategy allows for a consistent response before the various administrative and judicial bodies that may be involved.

A Success Story with Criminal, Administrative, and Labor Implications

The case analyzed is an example of a multidisciplinary approach to a complex dispute. The issuance of three final, favorable rulings made it possible to establish the absence of liability in the various proceedings arising from the accident and the inspection report.

For IN DIEM Abogados, these types of matters require a technical, coordinated, and strategic response, especially when significant economic interests, the continuity of business operations, and the potential liability of directors, employers, or internal officials are at stake.

Experts in defending against inspection reports, workplace accidents, and corporate liability

At IN DIEM Abogados, we provide legal advice and representation to companies, employers, executives, and professionals in proceedings arising from inspection reports, workplace accidents, benefit surcharges, administrative penalties, and potential criminal liability.

Our team handles cases that require a comprehensive approach, especially when a single incident can affect different areas: labor, administrative, criminal, civil, or Social Security. In these types of proceedings, legal counsel allows us to anticipate risks, organize the evidence, and develop a coherent defense strategy.

• Defense against labor inspection reports and disciplinary proceedings.
• Consulting services regarding workplace accidents, benefit surcharges, and employer liability.
• Criminal defense in proceedings related to occupational safety and health.
• Coordination of labor, administrative, and criminal proceedings in disputes arising from the same incident.
• Legal assistance to companies and executives in connection with financial claims or regulatory penalties.

If your company has received an inspection report or is facing legal proceedings resulting from a workplace accident, you can contact our team for an initial legal assessment.

In-person, online, and urgent service. 24-hour support.

IN DIEM Abogados provides in-person, online, and emergency legal assistance from its offices in Madrid, Seville, Málaga, Marbella, Estepona, Las Palmas de Gran Canaria, Almería, and Huelva, serving clients throughout Spain.

The firm has a multidisciplinary team composed of specialized attorneys and professionals with experience in the judicial, tax, commercial, technology, criminal, labor, and administrative fields, which allows us to approach each matter from a technical, strategic, and practical perspective.

In addition, IN DIEM Abogados offers urgent assistance when the nature of the matter requires an immediate response or a quick initial assessment of the case.

Would you like to know more about IN DIEM Abogados? Here is this short introductory video…