Short answer. Yes, but the money does not come to you. Article 200 makes an employer whose failure to install and maintain safety devices caused the injury liable to pay the State Insurance Fund a penalty of twenty-five percent of the lump sum equivalent of the income benefit payable to the employee.
What the law says
said employer shall pay the State Insurance Fund a penalty of twenty-five percent (25%) of the lump sum equivalent of the income benefit payable by the System to the employee
Labor Code, Article 200 — Safety Devices. Read the full provision →
Who actually receives the twenty-five per cent
This is the point injured workers most often have wrong, and it is worth being blunt about. The penalty is payable by the employer to the State Insurance Fund. It is calculated from your benefit — twenty-five per cent of the lump sum equivalent — but it is not an addition to it. Your income benefit is what it is; the employer's negligence does not enlarge it under this article. What the provision does is make unsafe workplaces expensive for the employer and put the cost back on the party that created the risk rather than on the fund.
What has to be shown to trigger it
Three failures are named: failure to comply with any law, failure to install and maintain safety devices, and failure to take other precautions for the prevention of injury. Note that installing is not enough — a guard fitted at commissioning, then removed for convenience or broken and never repaired, sits squarely inside the wording. And there is a causal requirement running through the sentence: the injury or death must have been due to that failure. A serious lapse unconnected to how you were hurt does not attract the penalty under this article.
The article's second sentence creates no separate claim
The provision closes by saying that all employers, particularly those who should have been paying a higher rate of contribution, are enjoined to undertake and strengthen occupational health and safety measures. That is exhortation, not a duty with a price attached, and no money flows from it. Read together, the two sentences show what the article is for: it is a funding and deterrence measure aimed at the employer, sitting alongside — and not in place of — whatever separate obligations the safety and health standards impose on your workplace.
Preserve the scene and the maintenance history
Evidence of a missing guard disappears fast, because the first thing a company does after an accident is fix the machine. Photograph the equipment as it stood if you safely can, and ask a colleague to do so if you cannot. Then chase the paper: the incident report, the maintenance and inspection logs, any earlier report that the device was missing or defective, the operating manual specifying it, and the names of anyone who saw the machine running without it. Those documents, gathered early, are what a lawyer will need.