Currently, where low salaries and part-time contracts of a few hours predominate, it is increasingly common to find people who combine or need several jobs to complete a minimum subsistence wage. It is known as moonlighting and understood as the situation of the employed worker who provides professional services to two or more different employers and in activities that result in mandatory registration in the same Social Security System.
Accident of a moonlighting worker
A recent sentence of June 6th, 2017, of the Fourth Chamber of the Supreme Court, resolves that, in the event of an accident involving a moonlighting worker, Mutual Accident Insurance Company for Workers is responsible for the payment of a partial permanent disability benefit. In its ruling, the Supreme Court applies the criterion of charging to the Insurance Company the liability of the professional activity that is affected by the functional limitations derived from the accident. If the incapacity of the worker is projected on the two occupations, a distribution of responsibilities will have to be carried out.
Example of moonlighting and work accident
The case is that of a worker who provided full-time services as a scrap yard pawn in a company that had professional contingencies with a Mutual Insurance Company, and that, under a moonlighting regime, also worked part-time for another company as pizza delivery on a motorcycle, being another Mutual. In this part-time delivery job, he suffered a traffic accident, described without discussion as an accident at work, with the diagnosis of "brain trauma with loss of consciousness and trauma to the right knee", which after surgery and medical treatment was discharged. Both companies had their own Mutual Insurance Company to cover professional contingencies. The question arises about which Mutual Insurance Company is responsible for the payment of the partial permanent disability benefit.
What Mutual Insurance Company should pay the benefit?
As stated in the sentence, the long term physical damages only project functional limitations on one of the jobs (that of the delivery worker), allowing the worker to continue developing the other activity normally and, therefore, the Mutual Insurance Company ascribed to the distribution activity of pizzas was declared responsible. However, the Social Court declared the concurrent responsibility of both Mutual Insurance Companies in the payment of the partial permanent disability benefit of the injured worker, with a distribution of responsibilities proportionally to the amount of the contributory basis.
EMPLOYERS AND WORKERS SHOULD COMMUNICATE MOONLIGHTING IN SOCIAL SECURITY
Català-Reinón, Labor Lawyers Barcelona, reminds you that both employers must communicate this situation of moonlighting to Social Security at the time of the worker's discharge in the company as workers in a situation of moonlighting are required to report both to Social Security and to the entrepreneur.
Employment lawyers in Barcelona
If you are in this situation, you do not know how to act or need advice, do not wait any longer and contact our law firm in Barcelona, where we will be happy to help you.