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  • Writer's pictureBrandon Guillermo Lopez Moreno

Work risks: How to identify one within your company


As it is already known, all theemployers that have employees must calculate their risk premium through an annual revision of the work accidents or sicknesses that their employees had the year before the filing of the report. The classification is established when the employer starts his/her activities in a workplace and/or the operation procedures are modified, which can create a variation that must be reported to the authorities.


But as an employer, what is the effect of having an employee at risk? When does my risk premium increase? This is why the IMSS classifies it in 3 branches, however, the transportation accident is also added to make it more consistent.


Work hazard:

  • Does not require accounted weeks

  • 100% of the salary registered in the IMSS at the beginning of the incapacity

  • The limit of one day up to the end of 52 weeks, in accordance with the IMSS services

General Sickness:

  • If you are an eventual worker in the 6 months prior to the beginning of the sickness. 30 weeks in the 12 months prior to the date in which the incapacity starts

  • It is convenient to inform that in the case of general sickness, after de 4th day of incapacity the employee will have the right to the payments of a subsidy from the IMSS equal to 60% of the salary which he/she is registered with the IMSS at the beginning of the sickness. He/she will not receive the paymnet for the first 3 days.

Maternity:

  • When the worker does not have the accounted weeks, the payment of the salary will be responsibility of the employer

  • 100% of the salary registered with the IMSS at the beginning of the incapacity .

  • 42 days prior to giving birth and 42 days after.

Transportation Accident:

  • A transportation accident is not considered as work hazard for the law, the employer must not be held responsible for these type of accidents. Therefore these do not affect the determination of the risk premium.

There are different ways to classify a health risk for the employee and the IMSS is the one who determines the risk: Maternity, Work Risk, General Sickness, Transportation Accident.

As was mentioned before, the employer has the implication of the rise of his/her risk premium, however, in the case that that employee does not let the employer know in a timely manner about said incapability and the risk premium has already been considered, this carries over fines for the employer issued by the IMSS.

Classification and determination of work risk

It is the procedure that the employee must go through if he was involved in an accident or if he is sick and considers that those come from or are related to his/her job in the company, with the objective of obtaining the qualification of risk premium, and if it is considered as such, to be protected by the work risk insurance, this can be done by the employee, a relative or the legal representative of the employee.

It is important to know the necessary formats to adequately write the details related to the qualification of an accident or a general sickness and also the permanent or total incapacity opinions related with work risks.


  • ST-9: Medical attention notice and qualifications of probable work sickness

  • ST-7: Initial medical attention notice and qualifications of probable work sickness.

  • ST-2: Work risk opinion

  • ST-3: Permanent incapacity or death related to work hazard opinion

In the case of work risks the employee will have to go to the company where he/she works to ask them to fill the corresponding part of the “Aviso de Atención Médica” (Medical Attention Notice), as well as having 2 witnesses of the event.

It is important to mention that what was mentioned in this article is a general treatment, this is why in specific situations is important to analyze more thoroughly. If you have questions or any comment please do not hesitate to contact us.

At TR&A we are able to give advice about this as well as help you with the filing of the corresponding reports.

 

Published on August 29th, 2018. “In terms of article 89 of the Fiscal Code of the Federation in force, the content of this reproduction, exhibition, presentation, program, or transmission and/or the documents and/or examples used to expose it, may express positions that do not coincide with the criteria of the Mexican tax or judicial authorities. This reproduction or exhibition is not intended and may not be used by any person for the purpose of circumventing (i) a federal, local, or municipal tax, or (ii) the imposition of tax penalties in the United Mexican States. Terán Rojas & Asociados is not responsible for the use or the criteria that any user may give or have derived from this reproduction or exhibition.” Likewise, the exhibitor/author is responsible for the originality and content of the work in front of the company and for the invasion or affectation of third-party rights that may be caused, so it is obliged to take out the company in peace and safety and to respond for the damages and / or losses that are caused


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