The collective bargaining agreement insurance is mandatory if it is reflected in the collective bargaining agreement of the company in question. At least, it is advisable in any case to have it.
As you know, protection against accidents at work is fundamental for companies, and many of them are obliged by collective agreement to take out accident insurance for their workers.
According to provisional data from the Ministry of Labor and Social Economy, a total of 826 workers have died this year in accidents at work. This means 100 workers more than in the same period of 2021, which implies an increase of 17.2%.
The first cause of death at work continues to be heart attacks and strokes, with 285 cases in 2022 and an increase of 29% compared to 2021.
In second place, with 103 fatalities, are entrapments, crushing and amputations, which are up 21.2% compared to 2021.
Mandatory collective bargaining agreement insurance
It is true that, between wage costs and social security costs, the costs in companies have skyrocketed in recent times. But it is also true that there are businessmen, especially among new entrepreneurs, who ignore a fundamental expense. This is none other than the compulsory collective agreement insurance. Also known as collective agreement accident insurance.
The purpose of the collective bargaining agreement accident insurance is to cover accidents that a worker may suffer while performing his or her work.
Provisional data for 2022, published by the Ministry of Labor and Social Economy, mean that every day two people died in an accident at work, while 1,731 people suffered a work-related accident with sick leave.
Of the occupational accidents, 552,173 occurred during the working day, with an increase of 10.9%, and the rest, 79,551 occupational accidents, were recorded “in itínere”, with an increase of 6.5%.
By sex, 69% of the accidents involving sick leave during the working day affected men and 31% affected women. In terms of age, 28% of the accidents resulting in sick leave during the working day involved people under 34 years of age.
What is mandatory collective bargaining agreement insurance?
The collective labor agreement of each economic sector establishes the guarantees and the insured and indemnity sums. As well as the areas of coverage for the company’s employees.
The coverages are not the same if it is an occupational or non-occupational accident. Or if the death or disability is caused by occupational or common illness.
The policy is updated annually according to the actual annual average number of workers of the company during that period.
It is important not to confuse taking out compulsory accident or life insurance with joining a mutual insurance company.
The former implies the payment of an indemnity to the injured worker in the event of an accident.
The second one, only provides medical assistance in case such accident has occurred.
Who are obliged?
All those companies that belong to a Collective Bargaining Agreement that so stipulates.
In the following table we will see which sectors are obliged to do so in the Community of Madrid.
|Code||Name of the Agreement|
|2800115||Alquiler de vehículos con y sin conductor|
|28102195012018||Aparcamientos, garages, terminales de autobús.|
|2807395||Ayuda a domicilio|
|2800775||Comercio de la piel en general|
|2800785||Comercio de recambios, neumáticos y accesorios|
|2800755||Comercio del mueble|
|2800795||Comercio textil de Madrid|
|2801005||Confección de guantes de piel y similares|
|2805815||Depuración de aguas residuales|
|2810355||Despachos técnicos tributarios y asesores fiscales|
|2805825||Empresas comercializadoras de juegos colectivos|
|2813045||Estacionamiento limitado de vehículos|
|2803035||Fabricantes de pan de Madrid|
|28012265012003||Limpieza de contenedores herméticos|
|28002595011982||Limpieza pública viaria|
|2800585||Locales de exhibición cinematográfica y teatros|
|2800735||Mayoristas de frutas, hortalizaas y plátanos|
|2802785||Mayoristas y exportadores de pescados y mariscos|
|2802795||Mercados municipales y galerñias de alimentación|
|28100055012016||Sector logística, paquetería y actividades anexas al transporte de mercancías|
|28100055000001||Sector logística, paquetería y actividades anexas al transporte de mercancías|
|2812105||Subsector de transporte público de mercancías|
|2800415||Trabajadores del Campo|
|28012525012003||Transporte de enfermos y accidentados en ambulancia|
|28000000000000||Transporte de mercancías por carretera|
|28007655011992||Transporte de viajers por carretera|
|2804115||Transporte de mercancías por carretera|
|28103225012022||Transporte de pasajeros en turismo con licencia VTC|
What if I do not take out insurance?
The decision not to take out this type of insurance is certainly a bad decision. Since you could be endangering the viability of the company itself in the event of an accident.
This is so because you would be obliged to bear all the costs derived from the coverages established as mandatory in the corresponding agreement.
In the event of disability, whether permanent or temporary incapacity, or even worst, death, the compensation payable can be very high.
Surely unaffordable for an SME or a self-employed person with employees.