In Mexico, you can always take advantage of the Workers’ Compensation Claim if you experience any injuries during your work. It is the responsibility of your employer to compensate you if you get your injuries because of a fault in the machinery, equipment, and work environment. This guide will give you the information you need to know about workers’ claims processing in Mexico.
- Do Employers in Mexico Compensate Their Workers?
Yes, workers’ compensation is available in Mexico. However, unlike the US that has state-regulated workers’ compensation rules, the Mexican Social Security Institute (IMSS) is the legal institution in Mexico that regulates various types of workers’ compensation. In Mexico, all employers and employees need to get registered with IMSS, so the workers in Mexico can submit workers’ claims and demand compensation from the employers whenever something bad happens to them.
Also, the Mexican Social Security Institute (IMSS) gives the workers various benefits, such as retirement, medical care, housing, life insurance, and so on. All workers in Mexico will get these benefits during their working period.
- Types of Workers’ Compensation You Can Get in Mexico
No matter the type of work you do in Mexico, there are some risks, such as work accidents you might experience during your work. In Mexico, you will get compensation when you experience certain types of accidents in your work, and it’s easy for you to submit workers’ claims when you experience this unfortunate incident. There are various compensations you can get depending on the type of accidents or injuries you experience in your work.
The various workers’ compensations you can get in Mexico include total temporary disability (TTD), partial permanent disability (PPD), permanent total disability (PTD), and death benefits. You will need to get in touch with your employer to request the compensation for the injuries you experience during your work. Also, you will need to fill out the claim form and submit it to your employer for further checking.
- How to Claim Workers’ Compensation in Mexico
Claiming for workers’ compensation in Mexico is easy. As long as your claim is legit, you can follow the steps to claim your compensation with no hassles and no problems. However, you need to know that there is a potential for dispute, which can happen when the employers don’t think that they need to take responsibility for your injuries or think that the claim is outrageous. Here are the steps you can take to claim workers’ compensation in Mexico:
- Get in touch with your employer about your injury. It is important for you to report to your employer right away when you experience any injury in your work. This is the first step you need to do.
- Visit the medical treatment facility. Then, you will need to visit the medical treatment facility, which often gets partnered with your company, to get your body examined. The medical treatment facility will check various aspects of your body and determine the type of injuries you experience.
- Get the ‘Certificate of Capacity’ from your doctor. After the examination process, you will get the ‘Certificate of Capacity’ that will detail various aspects of your injuries. This certificate has the legal standing to help you in your claim process.
- Ask your employer to give you the workers’ compensation claim form. With the Certificate of Capacity, you can now ask your employer to give you the workers’ compensation claim form.
- Fill out the form and wait for your claim to get processed. Next, all you need to do is to fill out the workers’ claim form and submit the form. You will need to wait for some time for the claim to get processed.
After submitting the claim, you need to follow all the required processes until you can be eligible to receive your compensation.
- Dispute Resolution for Workers’ Compensation in Mexico
Sometimes, your employer won’t accept the claim you submit to them, so they will start a dispute. This might be because of various reasons, such as thinking that you are 100% at fault for your own injuries, the compensation claim that is too big for them to give, not believing the health assessment from the medical facility, and so on.
All you need to do to deal with the dispute is to hire a lawyer to help you win in the legal battle with your employer. You will also need to consult with your legal advisors before taking the next legal steps.
No matter how careful you are in doing your job, accidents can still happen. By knowing about how the workers’ claims processing work in Mexico, you can at least know what to expect when this unfortunate incident happens to you.