National Insurance Institute Denied Benefits: The Frustrating Reason

A self-employed worker injured in a work accident cannot receive recognition from the National Insurance Institute if they were not yet registered as self-employed at the time of the incident, the National Labor Court has ruled. The verdict concerns a self-employed individual who began working in August 2021, but whose registration with the National Insurance Institute was only finalized after he sustained an injury during work.

On October 4, the worker contacted the Tax Authority to open a self-employed file and signed a power of attorney with an accounting firm to handle his registration with the National Insurance Institute. Confirmation of the power of attorney was received on October 7, but the official form was submitted only on October 19, and his status was updated on October 25. On October 15, between these dates, the worker was injured by glass while working.

The Regional Labor Court initially ruled that the worker had fulfilled his obligations by contacting the accountant within the 90-day registration window. However, the National Labor Court overturned this decision, ruling that merely contacting an accountant is insufficient. The court held that the 90-day grace period for registration does not grant a person insurance coverage for work accidents before the registration process is actually completed.

Ultimately, the court determined that the worker was not insured at the time of the accident. It emphasized that registration with the Tax Authority does not satisfy the requirement for registration with the National Insurance Institute, and that the individual should have registered as self-employed immediately upon commencing his professional activity.