CRIMINAL, ADMINISTRATIVE, and LABOR LAW: Hat-Trick Against Inspection Report.

Areas: Litigation. Criminal, Administrative, and Labor Law.
Category: Labor Inspection. Accident.

IN DIEM consecutively obtains three favorable final rulings in distinct administrative, labor, and criminal proceedings initially derived from a labor inspection report, thereby declaring –therefore– the definitive absence of liability.

The present case stems from an inspection report issued due to a work accident. As is well known, such incidents, depending on their nature, can have multiple repercussions for employers/companies, among others, ranging from the imposition of costly surcharges on social security benefits (as provided in Article 123 LGSS), to indemnity claims, as well as demands for criminal liability (regulated in Article 316 and related provisions of the Criminal Code).

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.”

The coordination of IN DIEM’s various departments has made it possible to prove and argue the absence of derived liability, the calculation of which exceeded €750,000, ultimately resulting in all favorable rulings and pronouncements.