Sick leave after a work accident in Spain
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The calculator already has “work accident” selected as the cause: enter your base and the days and compare with an ordinary illness.
Your pay for 30 days of leave
€1,365
Work accident (or commuting) · September 2026 base (rule in force until 30 November 2026: the previous month)
| Daily regulatory base | €60 |
| Statutory benefit | €1,365 |
| Wage for the day of leave (employer) | €60 |
| Paid by the INSS or mutua | €1,305 |
| Without leave you would have earned (gross) | €1,800 |
Gross amounts: the benefit is subject to income tax and contributions. Nothing you type leaves your browser.
| Days | Dates | % | Who pays | Amount |
|---|---|---|---|---|
| 1 | 29 Oct 2026 | 100% | Employer: day’s wage | €60 |
| 2-30 | 30 Oct 2026 – 27 Nov 2026 | 75% | INSS or mutua (advanced by the employer) | €1,305 |
Prepared by Radif Partners · Method · Rules and agreements read in the BOE on 29 October 2026
A work accident is any injury you suffer in the course of or as a result of your work, and the law presumes that any injury during working time and at the workplace is one. The leave pays better than an ordinary illness: on the day of the accident the employer pays your full wage and from the next day you receive 75% of the regulatory base, with no waiting days and no 60% band. The base also adds the previous year's overtime divided by 365. No contribution days are required. With a daily base of 60 euros, 15 days of leave after a work accident pay €690, against €432 for an ordinary illness. The payer is the mutua your employer uses for occupational risks, or the INSS if the employer is covered by it.
How much you get compared with an ordinary illness
Article 173.1 of the General Social Security Act puts the full wage for the first day on the employer and starts the benefit the next day; article 2 of Decree 3158/1966 sets the rate at 75%. The table compares, on the same daily base of €60, what you get for each cause.
| Days of leave | Work accident | Ordinary illness | Difference |
|---|---|---|---|
| 7 | €330.00 | €144.00 | €186.00 |
| 15 | €690.00 | €432.00 | €258.00 |
| 30 | €1,365.00 | €1,062.00 | €303.00 |
| 90 | €4,065.00 | €3,762.00 | €303.00 |
The gap matters most for short leave, because that is where an ordinary illness has its three unpaid days and its 60% band. If you also worked overtime, the base rises: with an 1800 euro base and 2190 euros of overtime the year before, the daily base becomes €66.00. How the base is worked out is in regulatory base.
What counts as a work accident
Article 156 of the same Act covers injuries during the working day, those suffered on the way to or from work, explained in commuting accidents, those that happen while doing tasks outside your role on the employer's orders, those linked to union posts, and illnesses caused solely by work that are not on the list of occupational diseases. It also covers earlier conditions made worse by the accident. Excluded are accidents due to force majeure unrelated to work, which never includes sunstroke or lightning, and those caused intentionally or through gross recklessness.
Your work accident leave
Your pay for 30 days of leave
€1,365
| Daily regulatory base | €60 |
| Statutory benefit | €1,365 |
| Wage for the day of leave (employer) | €60 |
| Paid by the INSS or mutua | €1,305 |
If the mutua says it is not work-related
Sometimes the mutua rejects the accident and sends you to your family doctor, who signs you off for ordinary illness. You can ask the INSS to determine the cause, under the procedure in Royal Decree 1430/2009 as rewritten by a final provision of Royal Decree 625/2014. The INSS gives the bodies involved four working days to report and gives you ten to provide documents and arguments. Meanwhile you are paid as for ordinary illness, and if the work-related nature is recognised, the mutua pays you the difference. The deadlines of sick leave are summed up in deadlines.