Work-related deaths of immigrants without punishment due to judicial bureaucracy

Sambaly Diaby labored in a crop firm.

Sambaly Diaby labored in a crop firm. A piece accident with a machine brought about his dying. The court docket of inquiry quantity 2 of Santa Coloma de Farners initiated felony proceedings in 2022. Sambaly's household is asking for compensation for this office tragedy. In the meanwhile, the matter has not moved on from this declare. The process – the household lives in Africa – is being difficult. Family are requested for papers which might be troublesome to acquire of their nation.

Kisma Sumareh died in 2021 at work. Legal proceedings have been initiated on the Granollers Justice of the Peace's Court docket 4. The lawsuit is filed in opposition to the corporate's insurance coverage firm. The method is stopped as a result of it's essential to show, within the nation of origin of the deceased, the affiliation of his spouse and the remainder of the household.

Mahamadou Kande suffered a deadly electrical shock whereas working in a greenhouse in Lleida. The felony process is underway within the court docket of inquiry quantity 3 within the capital of Ponent. The issue of taking the matter ahead and gathering the corresponding compensation is repeated. It's essential to show to the nation of origin that the relations requesting the compensation are their kinfolk. A process that may very well be predicted as straightforward, however which is difficult on this foreigner's nation.

These are simply three examples. However there are various extra. It is likely one of the lesser-known dramas of the added invoice – after many migrants have risked their lives to start out a brand new one – paid by the households of those that die right here in a piece accident. The justice they discover after these tragedies will not be probably the most favorable to their pursuits. Though in honor of the reality, the blame for these judicial obstacles have to be attributed extra to the paperwork of the system itself than to the endemic collapses and delays suffered within the places of work attributable to lack of means and personnel.

They run out of cash that their kinfolk despatched them often and, furthermore, with regards to claiming compensation for the dying, the whole lot is obstacles and issues.

To assist them with the procedures and make sure that overseas staff have the identical rights as nationals when this occurs, the primary union of African staff in Spain has simply been created.

A pioneering initiative to which the legislation agency Sammos Authorized has been added, born to defend the rights of immigrant staff and, above all, to advise households on the procedures that have to be accomplished for the claims to reach. More often than not the insurance coverage corporations make life very troublesome for them and the courts flip their backs on them.

This legislation agency states that in lots of circumstances the documentation requested from the kinfolk "doesn't exist within the nations of origin of the deceased or may be very troublesome to acquire".

So, the results of this added invoice couldn't be extra painful. "Households lose a liked one, are left with out the monetary help that was despatched to them each month as a part of their wage and, if that was not sufficient, they're denied the fitting to be compensated for deaths attributable to hail imprudence at work or lack of security at work", complains Luis López, from Sammos Authorized.