How to Handle Workplace Accidents in Mexico: Legal Steps and IMSS Requirements
Workplace accidents can happen in any industry—from factories and construction sites to offices and remote work setups. But in Mexico, failing to handle them correctly and legally can lead to severe penalties, IMSS audits, and costly labor disputes.
Whether you have blue collar or white collar staff, here’s what foreign employers and HR teams need to know about workplace accidents, employee rights, and IMSS compliance.
⚠️ Workplace Accidents in Mexico: Who Is Responsible?
Under the Federal Labor Law (Ley Federal del Trabajo), employers have a non-delegable duty to guarantee safe working conditions. If an employee suffers a work-related injury or illness, the employer must:
- Report the incident immediately to IMSS (Mexican Social Security Institute).
- Cover medical expenses through IMSS.
- Keep records for labor authorities and possible inspections.
- Prevent further risk by updating health and safety measures.
Failing to do so exposes companies to fines, back payments, and even criminal charges in serious negligence cases.
📝 IMSS Requirements: Reporting an Accident
When an accident occurs on-site or in the course of work, you must:
✅ File a “Notice of Occupational Risk” (Aviso de Riesgo de Trabajo) within 24 hours at your local IMSS office or online portal.
✅ Provide complete details: worker info, description of the incident, injury severity, witnesses, and medical care given.
✅ Maintain a copy of the ST-7 form, signed by the employer and the affected employee.
🔗 Related: Understanding Severance Obligations in Mexico: What Chinese Employers Must Know
🏥 Who Pays Medical Bills?
- IMSS covers medical treatment, hospitalization, rehab, and disability benefits if the accident is correctly reported.
- If you’re not registered with IMSS, you must pay all costs out of pocket—and you risk heavy fines for non-compliance.
- If the injury results in permanent disability, the employer may owe additional severance and lifetime pension contributions.
🦺 Health & Safety Compliance: How to Reduce Risk
To prevent accidents and legal headaches:
- Implement a Workplace Safety Program (NOM-030-STPS-2009).
This includes risk assessments, training, signage, and PPE. - Train employees regularly on safe practices for their roles.
- Keep updated records of training, inspections, and maintenance.
- If you work with contractors or outsourced labor, ensure they’re REPSE-registered and follow your safety protocols.
🔗 Related: After the Outsourcing Ban: How BPOs Are Reinventing Their Models in Mexico
⚖️ What Happens If You Don’t Report Accidents?
Non-compliance can trigger:
🚫 IMSS fines and back contributions if they discover unreported injuries.
🚫 Labor lawsuits for moral damages, especially if negligence is proven.
🚫 Criminal liability in cases of severe or fatal incidents due to employer fault.
Keep in mind: an injured employee may also claim that an accident resulted from unsafe conditions, leading to additional labor claims.
📌 Remote Work Accidents: A Gray Area
Did you know that an employee injured while working from home may claim it as a work-related accident?
The new NOM-037 (regulating telework) requires employers to:
✅ Identify and mitigate home office risks.
✅ Provide ergonomic furniture or work tools.
✅ Train staff on how to report incidents remotely.
🔗 Related: Hiring Remote White Collar Employees: What Labor Inspectors Look For
✅ Key Takeaways for Employers
✔️ Always register employees with IMSS—no exceptions.
✔️ Report any workplace injury within 24 hours.
✔️ Keep detailed, accurate records.
✔️ Review your health and safety program annually.
✔️ Work with a local HR partner or EOR to stay compliant if you don’t have in-house experts.
📚 Final Thoughts
Mexico’s labor inspectors and IMSS authorities take workplace safety very seriously—especially for foreign employers. An oversight in reporting or safety procedures can turn a single accident into an expensive, reputation-damaging problem.
By knowing your obligations, training your staff, and complying with IMSS requirements, you can protect your employees and your company.
