How does updating the scale of personal injuries in traffic accidents affect companies?
With the entry into force of Law 35/2015, the valuation scale for personal injuries suffered in traffic accidents was reformed. This injury assessment system extends by analogy to other areas, specifically in the business field in terms of Employer Civil Liability of the company for the occurrence of accidents that reduce the physical integrity of its employees.
What is Employer Civil Liability?
Employer's civil liability is the responsibility of the insured resulting from injuries or death suffered by employees in their service as a result of an accident at work. Employer Civil Liability policies establish compensation limits and sublimits per victim.
In the absence of a specific regulation in the specific field of accidents at work, the Courts apply the Scale of traffic accidents. Although initially it was used as a guide, it is increasingly applied to compensate for injuries suffered by any victim in other areas such as work accidents, among others.
What compensation sets the new scale?
Regarding the amounts established by the new scale, the corresponding compensation was modified as follows with respect to the average for the 2005-2011 period:
- Compensation for death: they are increased by 50% on average
- Compensation for consequences: increased by 35% on average
- Compensation for injuries: an average increase of 12,8%
What to do in the face of this increase in compensation in the business field?
Taking into account the increase in compensation since the reform of the scale came into force last January, our advice is to review the policies in which it can be seen that the coverage limits and sublimits may be insufficient to adjust to the new reality. The minimum capital for this coverage cannot be less than €150.000, and depending on the risk of the activity, it is advisable to consider higher capitals (€300.000 and €450.000).