Best Work Injury Lawyers in Tétouan

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Adnane El Khaili Law Firm

Adnane El Khaili Law Firm

15 minutes Free Consultation
Tétouan, Morocco

Founded in 2019
14 people in their team
Arabic
Spanish
French
English
Established in 2019 in Tetouan Morocco, our law firm also practices in the State of Qatar. We specialize in representing clients in civil, criminal, commercial, and family law cases before all courts. In addition, we provide comprehensive legal consultations to our clients in Arabic, French,...
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About Work Injury Law in Tétouan, Morocco

Work injury law in Tétouan follows national Moroccan rules that protect employees who suffer an accident at work or an occupational disease. A work injury, often called accident de travail, is generally any sudden event occurring because of or during employment that causes bodily harm. Occupational diseases are illnesses linked to exposure or conditions specific to the job, recognized in official tables issued by the government. In Morocco, employers must insure the risk of workplace accidents, and injured workers are entitled to medical care and monetary compensation calculated from their wages and the degree of incapacity. Claims are usually handled first by the employer's insurance company, and disputes are decided by the competent first instance court in Tétouan.

Why You May Need a Lawyer

A lawyer can help when there is disagreement about whether the incident qualifies as a work accident or a commuting accident, when the insurer disputes the link between the injury and the job, when the degree of permanent disability is contested after medical consolidation, when benefits are delayed, reduced, or denied, when the employer has not taken out mandatory work accident insurance or refuses to declare the accident, when a third party is responsible and you need to bring a civil claim in addition to the work accident compensation, when the accident involves serious injuries, death, or multiple dependents affecting complex benefit calculations, and when there are employment issues such as alleged misconduct, unlawful dismissal, or refusal to reintegrate after medical recovery. Legal counsel can also coordinate medical expertise, gather evidence, preserve deadlines, and represent you before the Tétouan courts and administrative bodies.

Local Laws Overview

Moroccan work injury compensation is primarily governed by national legislation that replaced older colonial era rules. Employers are required to subscribe to work accident insurance covering employees for accidents at work and generally for commuting accidents on the usual home-to-work route without unjustified interruption. When an accident occurs, the worker should inform the employer as soon as possible and obtain a medical certificate describing the injuries and initial incapacity. The employer must declare the accident to the insurer within a short statutory period and keep records. Medical expenses related to the covered accident are typically paid by or recovered from the work accident insurer, separate from general health insurance. If the injury causes temporary incapacity, the worker is entitled to daily indemnities. After the medical condition stabilizes, called consolidation, a permanent partial or total incapacity may be determined through medical expertise, which results in a lump sum or pension calculated using the average wage and the percentage of incapacity. In case of death, dependents may receive funeral expenses and survivor benefits.

The Moroccan Labor Code imposes prevention duties on employers, including workplace risk assessment, training, and provision of personal protective equipment. Companies meeting certain thresholds must establish a health and safety committee and engage occupational health services. Workers reporting an accident or safety concerns are protected from retaliation. Disputes about coverage, benefit amounts, or medical ratings are brought before the Tribunal de première instance in Tétouan, often with court appointed medical experts. Appeals are heard by the Cour d'appel in Tétouan. Time limits apply to claims and appeals, and they can be affected by notifications, ongoing payments, or expert proceedings, so timely action is important.

Frequently Asked Questions

What counts as a work injury in Tétouan

A work injury is any sudden event arising out of or in the course of employment that causes bodily harm. It includes accidents at the workplace, during work related tasks offsite, or during employer directed activities. Occupational diseases recognized by official tables are also covered. Commuting accidents on the normal route between home and work are generally included when there is no unjustified detour or interruption.

What should I do immediately after a work accident

Seek medical attention and tell the provider it is a work accident so your injuries and incapacity are documented. Notify your employer as soon as possible and keep copies of any medical certificate and reports. Record witness names, take photos if safe, and note the date, time, and location. Do not delay because short reporting deadlines apply.

Who pays for my medical treatment

Medical expenses related to a covered work accident are typically paid by the employer's work accident insurer under Moroccan law. You may still use your usual health services, but bills linked to the accident should be directed to or reimbursed by the work accident insurer. Keep all prescriptions, invoices, and medical certificates.

Can I choose my doctor

You can consult a doctor of your choice for initial treatment. The insurer may request a control examination by a doctor it appoints. In case of disagreement about the diagnosis, consolidation date, or percentage of incapacity, a court appointed medical expert can be designated during legal proceedings.

What if my employer refuses to declare the accident

You can notify the insurer directly if known, contact the Labour Inspectorate in Tétouan for assistance, and file a claim before the competent court. A lawyer can help identify the insurer, obtain evidence, and compel the declaration. Employers are legally obliged to insure and to declare work accidents.

Do I still get compensation if the accident was partly my fault

Work accident compensation is a no fault system focused on coverage rather than blame. You can generally receive benefits even if you made a mistake, unless the injury was caused by intentional misconduct or a prohibited situation such as deliberate self harm. Safety violations may have consequences under employment rules but usually do not negate basic coverage.

How are compensation amounts calculated

Temporary incapacity leads to daily indemnities based on your average wage. After consolidation, a medical expert assesses permanent incapacity as a percentage. The insurer calculates a lump sum or pension using statutory formulas that account for your wage and the percentage of incapacity. In fatal cases, dependents receive benefits according to their status and the worker's earnings.

Are commuting accidents covered

Yes, accidents occurring on the usual route between your residence and workplace are generally recognized, provided there is no unjustified detour or interruption. You should report the accident quickly and document the route and circumstances.

What are the deadlines to act

Deadlines apply at several stages. The employer must declare the accident to the insurer shortly after being informed, and it is prudent for the worker to notify the employer immediately. Court actions for work accident compensation are subject to prescription periods that are commonly two years, with possible suspensions while indemnities are being paid or during expert proceedings. Because timelines can be complex, seek advice promptly.

Can I sue a third party who caused the accident

If a third party, such as a subcontractor or a driver in a road collision, is responsible, you may bring a civil claim against that party while still receiving work accident benefits. Any amounts recovered for overlapping losses may be coordinated to avoid double recovery, and the insurer may have a right of recourse.

Additional Resources

Labour Inspectorate in Tétouan - provincial employment authority that provides information, receives complaints, and can intervene on declaration or safety issues.

Tribunal de première instance de Tétouan - competent first instance court for work accident disputes, including appointment of medical experts and approval of compensation.

Cour d'appel de Tétouan - appellate court for challenges to first instance decisions in work injury matters.

Caisse Nationale de Sécurité Sociale CNSS - social security institution for private sector workers that can advise on coordination with other benefits and registration status.

Insurance companies' local agencies in Tétouan - the employer's work accident insurer handles medical payments and indemnities. The insurer's name should be available from the employer.

ACAPS - Insurance and Social Welfare Supervisory Authority overseeing insurance companies and handling regulatory matters related to insurance practices.

Ordre des avocats de Tétouan - local bar association that can help you identify lawyers experienced in work injury and insurance disputes.

Next Steps

Prioritize your health. Get medical care immediately and tell the provider it is a work accident so the right documents are issued. Ask for and keep the initial medical certificate, prescriptions, and all invoices.

Notify your employer in writing as soon as possible. Briefly describe what happened, when and where, and the witnesses. Keep a copy of your notice. Ask for the name and contact details of the work accident insurer.

Assemble your file. Collect your employment contract or pay slips, national identity card, social security number if any, accident report, witness statements, photos, and any police report for road accidents. Keep a diary of symptoms and missed workdays.

Follow medical advice until consolidation. If the insurer requests a control exam, attend and bring your records. If there is a dispute about your consolidation date or incapacity rating, consider asking the court to appoint an expert.

Consult a lawyer in Tétouan early. A lawyer can verify coverage, handle communications with the insurer, secure interim payments, file claims within deadlines, and represent you before the Tribunal de première instance. Early legal guidance can prevent procedural mistakes and maximize your lawful benefits.

If your case involves a third party, speak with your lawyer about bringing a civil claim while coordinating with the work accident compensation to avoid offsets and prescription issues.

If you are unsure where to start, contact the Labour Inspectorate or the local bar association for orientation, then schedule a consultation with a lawyer who focuses on work injuries and insurance law.

This guide provides general information. Work injury law involves strict procedures and time limits, and facts matter. Seeking tailored legal advice in Tétouan is the safest way to protect your rights.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.