What to Do If You Suffer a Workplace Accident in Venezuela

Step-by-Step Legal Guide

In Venezuela, workplace accidents are governed by the LOPCYMAT (Organic Law on Prevention, Conditions and Work Environment – Official Gazette No. 38,236 dated July 26, 2005). This law establishes the employer’s duties, the worker’s rights, and the mandatory procedures to be followed when an event affects a worker’s health or physical integrity during working hours or as a consequence of work.

Below is a step-by-step legal guide on what to do if you are the victim of a workplace accident, in accordance with current regulations and the interpretation of national legal doctrine.

STEP 1: Receive immediate medical attention

Legal basis: Articles 39 and 56 LOPCYMAT

Action:

• The employer has the obligation to guarantee medical care and first aid through the Occupational Safety and Health Service (SSST), if available. 
• The employer must arrange transportation of the worker to the nearest medical facility. 

Important:

• Medical care must be documented from the very beginning (admission report, initial diagnosis, and treatment). 

STEP 2: Formally notify the employer or supervisor about the accident

Legal basis: Article 74 LOPCYMAT

Action:The worker must report what happened immediately or as soon as possible to the employer or immediate supervisor.

The company must initiate the formal notification process before INPSASEL (National Institute for Prevention, Health and Occupational Safety).

STEP 3: Demand that the employer report the accident to INPSASEL

Legal basis: Articles 73 and 120 LOPCYMAT

Action:

The employer is legally required to report the workplace accident within 24 hours of its occurrence to INPSASEL or the corresponding Regional Occupational Safety and Health Management Office (GERSST).

Failure to do so is considered a very serious violation.

STEP 4: Request official classification of the accident before INPSASEL

Legal basis: Article 76 and subsequent articles of LOPCYMAT

Action:

The worker may personally appear before INPSASEL and request the opening of a workplace accident classification file.

The worker must submit:

• Initial medical report 
• Witness statements (if any) 
• A written account of the facts 

STEP 5: Request certified medical leave

Legal basis: Article 72 LOPCYMAT

Action:

If the worker is temporarily disabled, they must request and keep the legally issued medical leave certificate.

This medical leave suspends the obligation to provide services but does not affect the right to salary.

STEP 6: Activate employment stability and labor protection rights

Legal basis: Articles 79 to 83 LOPCYMAT and Article 89 of the Constitution of the Bolivarian Republic of Venezuela

Action:

A worker with a certified workplace accident who is undergoing recovery enjoys enhanced job stability protections.

The worker may demand:

• Reinstatement if dismissed 
• Assignment of compatible duties 
• Compensation for permanent disability (if applicable) 

STEP 7: Demand compensation if permanent damage occurred

Legal basis: Article 130 LOPCYMAT and the Venezuelan Civil Code

Action:

If the accident results in permanent disability or death, the employer is obligated to pay:

• Compensation (damages) 
• Moral damages (non-economic damages) 
• Medical and rehabilitation expenses 

STEP 8: File a complaint with INPSASEL if employer negligence exists

Legal basis: Article 53 LOPCYMAT

Action:

If the employer fails to comply with prevention duties, maintains unsafe conditions, conceals the accident, or engages in retaliation, the worker may file a direct complaint before INPSASEL.

What can you do as a worker?

1. Maintain complete and organized medical documentation. 
2. Request a formal copy of the notification submitted to INPSASEL. 
3. Gather evidence. 
4. Obtain legal advice and exercise legal actions. Consult a labor attorney if the employer fails to comply or retaliates against the exercise of your rights. 

Recommendation

Any worker who suffers a workplace accident should take an active role in defending their rights. Timely documentation, early legal advice, and immediate action in response to noncompliance are key factors for success in any administrative or judicial proceeding.Any worker who suffers a workplace accident should take an active role in defending their rights. Timely documentation, early legal advice, and immediate action in response to noncompliance are key factors for success in any administrative or judicial proceeding.