The set of the news magazine 'Today' on Canal Sur, conducted by Toni Moreno, has once again been the scene of a public complaint that continues to create a major public debateBecause it exposes the serious shortcomings in occupational risk prevention of a workplace accident in Bacares (Almería), as well as in the functioning of the Administration of Justice in our country.
This is the case of Raúl Miralles, A 47-year-old worker who, after suffering a catastrophic workplace accident that has left him in a wheelchair and with absolute dependence, now faces a bureaucratic labyrinth whose compensation and legal proceedings remain completely frozen.
Lack of security
The incident occurred last September when Raúl went to clear brush at Bacares Castle (Almería) . While working, he fell approximately 25 meters. The medical consequences have been devastating : Raúl is hospitalized with severe brain damage, paralysis on the left side of his body, and almost total paralysis in his right leg.
Adding to the severity of his injuries is the outrage over the conditions in which he worked. As his wife, Marta, recounted on the program, Raúl was clearing brush "without a safety line ." To make matters worse, he was not hired to work at heights, nor had he received the mandatory training courses for such a dangerous environment.
The official report from the Labor Inspectorate has unequivocally determined that the employee was allowed to be exposed to a serious and obvious risk , pointing directly to the responsibility of the Bacares City Council as the employer.
The voice of the defense: lawyer Ámbar Zambrano
The legal team handling the case, led by Ámbar Zambrano, a lawyer from Vosseler Abogados , appeared on the program to explain the complex legal strategy they are implementing and to denounce the unacceptable obstruction the family is facing.
- Maximum penalty for labor violationDue to the accumulation of safety measures not implemented by the city council, the Labor Inspectorate has proposed a surcharge on benefits of more than 50%, the maximum legal limit allowed by the regulations.
- Unjustifiable obstruction in the criminal processDespite the clarity of the inspection report, the criminal proceedings are stalled in court. Zambrano explained that the process has been halted since September because a staff member's position is vacant. To make matters worse, after the recent addition of a new staff member, the court has frozen all files—including Raúl's—to focus on a single, unrelated case.
- The inadequacy of municipal insurance: Although the total compensation needed to cover Raúl's lifelong care could around one million euros, The Bacares Town Hall's insurance policy is alarmingly low. "With that money, we wouldn't be able to resolve the situation," the lawyer warned.
- Extension of responsibility to the Provincial CouncilGiven the clear gap between the damage caused and the coverage provided by local insurance, Zambrano confirmed that the strategy involves formally demanding the appearance of the Provincial Council in the proceedings to safeguard the victim's economic rights.
- Management of Severe DisabilityIn parallel to the battle in the courts, the defense is processing the recognition of the worker's severe disability, a vital benefit to financially support his urgent daily care.
The urgency of the family versus the pace of justice
While the court delays the proceedings, the family's situation is urgent. Raúl will be discharged from the hospital in a few months and will return home, where he will need continuous assistance and a home fully adapted to his new physical needs.
Although Canal Sur's staff raised the possibility of an immediate out-of-court settlement with the insurance company to cover initial needs, lawyer Ámbar Zambrano, head of the labor law department at Vosseler Abogados , remained firm in her insistence on continuing legal pressure against the responsible public administrations . While a smaller settlement with the insurance company might suffice "for a few months," it is entirely insufficient to guarantee Raúl's future, as he, at only 47 years old, is totally and permanently dependent on others.
At Vosseler Abogados, we want to remind everyone that a workplace accident, like the one in Bacares, is not simply a twist of fate. In the vast majority of cases, as in this tragic event involving Raúl, it is the direct result of a breach of occupational risk prevention regulations . Furthermore, a justice system that is delayed by almost a year due to organizational deficiencies within the court itself ceases to be justice and becomes a form of neglect. Let us continue working for the benefit of the victims.
