Mutuals for Work Accidents: Role, Requirements, and Benefits in Social Security

Understanding Mutuals for Work Accidents and Occupational Diseases (AMTSL)

Mutuals for Work Accidents and Occupational Diseases (AMTSL) are non-profit associations approved by the Ministry of Labor and Social Security (MLSA). Formed by entrepreneurs, they assume the responsibility of collaborating in the coverage of work accidents and occupational diseases, and where applicable, economic benefits for temporary disability due to common contingencies, sharing costs and expenses. This requires that the associate has exercised an option in this regard. Additionally, Mutuals play an important role in the prevention of occupational risks (Art. 32 LPRL).

Legal Framework

• Articles 68 et seq. of the General Social Security Law (LGSS).
• Regulations approved by Royal Decree 1993/1995, of December 7.

Requirements for Constitution

To be constituted, a Mutual must integrate no less than 50 employers and 30,000 workers, and provide appropriate security (Art. 69 LGSS).

Public Control

Mutuals are subject to strict and diverse public controls:

• They cannot generate profit (Art. 68.1 LGSS), thus preventing the perception of economic benefits of any kind from their premium income by their associates.
• Their heritage assets are part of Social Security (Art. 68.4 LGSS).
• Their performance is subject to authorization, auditing, and public controls.

Scope of Action

Mutuals are subject to the principle of unity and integrity of insurance: employers associated with a Mutual, regarding the contingencies they manage, must protect all their employees for work centers located in the same province.

Key Functions of Mutuals

a) Management

Their scope extends to the management of the following benefits:

• Health and economic benefits for all eventualities arising from work accidents and occupational diseases.
• Economic benefits for temporary disability resulting from common contingencies for employees of member companies who have exercised this option.
• This also applies to RETA (Special Regime for Self-Employed Workers) workers who, having opted for a Mutual, are covered for temporary disability allowance.

b) Control

• Mutuals have the capacity to exercise control activity and can make motivated proposals for discharge.
• Mutuals may also require workers to be examined by their medical services.