Application for a Recargo de Prestaciones (benefit surcharge) for Lack of Safety Measures
Application for a Recargo de Prestaciones (benefit surcharge) for Lack of Safety Measures is filed with Seguridad Social (TGSS / INSS). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €399 to €399. Official tasa (government fee): Official tasa (official fee) not confirmed in the source consulted. We will tell you in writing before you pay anything.
Claim from the INSS (National Social Security Institute) an increase of between 30% and 50% on all your benefits arising from a workplace accident or occupational illness. This surcharge is paid directly by the offending company that failed to meet its health and safety obligations.
- Estimated total cost
- €399 to €399
- Managora's fee
- €482.79 (21% VAT incl.)
- Tasa (official government fee)
- Official tasa (official fee) not confirmed in the source consulted. We will tell you in writing before you pay anything. (suplido: paid to the authority on your behalf, no VAT)
- Processing time
- No deadline is set by the source consulted; we will confirm it to you when we open your file.
- Where it is filed
- Seguridad Social (TGSS / INSS) ↗
- What you receive
- Application
Cost breakdown: Our fee: 399 €. This procedure is exempt from official administrative fees..
Application for a Recargo de Prestaciones (benefit surcharge) for Lack of Safety Measures: how is it filed?
- 11. Complete the form with the details of the workplace accident or occupational illness and of the company.
- 22. Attach the INSS decision awarding the benefits and, very importantly, the Inspección de Trabajo report or other evidence of the lack of preventive measures.
- 33. At Managora we will review whether the causal link stands up and file the electronic application for the surcharge with the Instituto Nacional de la Seguridad Social.
- 44. The INSS will assess the case and issue a decision setting the surcharge percentage (from 30% to 50%), which the company responsible must pay in so that you receive it for life or for as long as the benefit lasts.
Which documents do you need?
- •INSS decision awarding the benefit
- •Inspección de Trabajo (Labour Inspectorate) report, if there is one
- •Medical or health-and-safety documents proving the failure to comply with safety measures
Legal basis and things to bear in mind
- The surcharge is a penalty imposed directly on the offending company and cannot be covered by insurance, so the company must pay it out of its own assets.
- For the surcharge to succeed, it is essential to prove the causal link between the missing or defective safety measures and the harm suffered.
Application for a Recargo de Prestaciones (benefit surcharge) for Lack of Safety Measures: frequently asked questions
Application for a Recargo de Prestaciones (benefit surcharge) for Lack of Safety Measures: how much does it cost?
The estimated total cost (our fee + official tasas and taxes) is €399 to €399: Our fee: 399 €. This procedure is exempt from official administrative fees.. Managora's fee is €482.79, 21% VAT included (€399.00 net + €83.79 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Official tasa (official fee) not confirmed in the source consulted. We will tell you in writing before you pay anything..
Application for a Recargo de Prestaciones (benefit surcharge) for Lack of Safety Measures: how long does it take?
No deadline is set by the source consulted; we will confirm it to you when we open your file.
Application for a Recargo de Prestaciones (benefit surcharge) for Lack of Safety Measures: which documents do I need?
You need to have to hand: INSS decision awarding the benefit, Inspección de Trabajo (Labour Inspectorate) report, if there is one, Medical or health-and-safety documents proving the failure to comply with safety measures. You do not upload them here: we collect the details through the guided chat.
Who files the procedure?
Managora files it in your name with Seguridad Social (TGSS / INSS). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.
Can it be done online?
Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.
Related procedures
- Retirement pension application (INSS)
- Application for partial retirement to the INSS (LGSS art. 215 + contrato de relevo, ET 12.7)
- Jubilación anticipada (early retirement, voluntary or involuntary)
- Pensión No Contributiva (PNC) de Jubilación: non-contributory retirement pension (LGSS arts. 369-372)
- Pensión de viudedad (widow's/widower's pension, INSS)
- Pensión de orfandad (INSS) (orphan's pension)
Based on the legislation in force and on the official site of the competent authority: Seguridad Social (TGSS / INSS) ↗.
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