Chilean Occupational Hazard Law: Key Aspects
Law N° 16,744: Occupational Hazards Insurance
This law mandates compulsory social insurance against occupational hazards and diseases in Chile.
Objectives
- Prevention
- Health Care
- Economic Performance Award
- Rehabilitation
Security Principles
- Solidarity
- Universality
- Integrity
- Unity
Protected Persons (Article 2)
- Employees, regardless of work conditions
- Students
- Civil administration officials
- Self-employed and family workers
- Public sector workers (Law 19,345)
People (Civil Code)
- Article 54: People are natural or legal persons.
- Article 55: All individuals of the human species are people, regardless of age, sex, race, or status.
Worker Definitions
Worker
All workers whose relationship with employing units is governed by the Labour Code.
Independent Workers
Those who perform work independently or in association, whether or not their profession involves intellectual effort over physical.
Contingency Coverage
Covered Contingencies
- Accident
- Accident of Way
- Diseases
Exceptions
- Force majeure
- Intentionally induced by the victim
Contingencies Covered: Injury suffered due to work, including accidents during direct travel to/from work. Travel between two workplaces is covered by the target job.
Law of Causality
- Direct causal link between job performance and injury.
- Indirect but indubitable causation by job performance.
Exceptions
Force majeure accidents unrelated to work and intentionally caused by the victim. Proof lies with the administrator.
Diseases (Article 7)
Occupational disease caused directly by the profession or work, leading to disability or death.
Administration and Financing
Security Administration
- State: Health Service – INP
- Private: Employers Mutual – Delegated Administration
Financing
- Basic Prices: 0.9% overall
- Additional differentiated quote based on company activity
- Fines
- Profits or income from investments of reserve funds
Insurance Benefits
Benefits
- Medical benefits
- Advice on risk prevention (Industrial Safety, Occupational Health Medicine, Training)
Article 29
Victims are entitled to benefits until fully healed or if symptoms persist:
- Medical, surgical, and dental services (external or at home)
- Hospitalization (if necessary)
- Drugs and pharmaceuticals
- Physical rehabilitation and retraining
Reporting and Obligations
Accident Report
For diseases, it’s called Occupational Disease Report (DEP).
Readmission
Re-entry for consultation after an accident.
Reentry
Responsibility of the company where the incident originated.
State Obligations
- Supervision and control
- Prescribe health and safety measures
Agency Director Obligations
- Permanent prevention of risks
- Ensure compliance with rules and regulations
Company Obligations
- Implement necessary preventive measures
- Establish and maintain an Internal Health and Safety Committee
Employee Obligations
- Comply with rules and instructions
- Use personal protective equipment
- Seek medical examinations
Article 70
If an accident or illness occurs due to gross negligence of a worker, a fine will be applied.