Occupational Accidents and Diseases: Legal Framework
Affiliation and Membership (Art. 4)
Membership in a provident fund for social security is mandatory for workers, unless they are attached to a mutuality. Contract workers should consult the entity for specific details.
Contingencies Covered (Art. 5)
An industrial accident is defined as any injury occurring due to or during labor that results in disability or death. This includes accidents occurring during direct commutes between the bedroom and the workplace, provided they are verified by an entity such as the police. Accidents occurring between two or more jobs are also covered, with the company the employee is directed to being responsible. Furthermore, injuries to workers who belong to a union committee during their performance are covered.
Accidents caused by force majeure are not covered.
Benefits and Insurance (Art. 6 & 7)
Organizers councils can provide benefits under this law to individuals suffering from occupational accidents or force majeure. Insurance funds must cover accidents with an amount equivalent to what should be given.
An occupational disease is any disease directly caused by the performance of work that results in disability or death. A list of these diseases will be reviewed every three years. If a participant submits a disease not on the list, the administering agency must consult with the supervision of social security, which must respond within three months and send a letter to the national health service.
Administration (Art. 8, 11 & 12)
The security administration will be in charge of social insurance service. Mutual funds will also manage the nonprofit insurance.
The president can grant legal personality to a company if they meet the following requirements:
- Employ more than 20,000 people permanently.
- Arrange for medical services, including specialists and rehabilitation.
- Implement prevention activities.
- Manage for-profit companies.
- Ensure that its members are accountable for their obligations.
Financing (Art. 15 & 16)
The insurance for occupational accidents and diseases is financed by a contribution base of 0.9% from the employee. An additional quote, the value of which depends on the activity and the risk, may not exceed 3.4%, with fine-Utilities or income.
Companies that implement protective measures and effectively narrow down the risks may request a lower price or be exempt from it if they achieve an optimal level of security. If the company does not achieve much prevention, the quotation can be recharged to 100%, with exceptions governed by mutual agreement.
Classification of Accidents and Diseases (Art. 27)
For the granting of cash benefits, occupational diseases and work accidents are classified as follows:
- Temporary disability
- Partial invalidity
- Large invalidity
- Total invalidity
- Death
Benefits Entitlement (Art. 29)
A victim of an industrial accident or occupational disease is entitled to the following benefits:
- Medical-surgical care
- Hospitalization or dental care
- Drugs
- Prosthetic or orthopedic devices
- Rehabilitation
- Removal costs and any other necessary expenses
Survivor’s Pension (Art. 43)
If the member dies, the spouse, natural legitimate children, adopted children, and the mother of his illegitimate children are entitled to a survivor’s pension.
Health and Safety Committee (Art. 66)
In any industry or task employing more than 25 people, a Parietaria health and safety committee must be established, with the following duties:
- To advise and educate workers on the proper use of their protection instruments.
- To monitor compliance by the company and workers regarding hygiene and safety standards.
- To investigate the causes of deaths and accidents of workers.
- To state health and safety measures to their workers.
- To meet the functions designated by the administering body.
Subcontracting and Safety Management (Art. 66 bis)
Employers who subcontract with others carrying out a task must ensure appropriate health and safety behavior of their workers. They must implement a system for managing safety and health at work when the group reaches more than 50 people. This requires the creation of a regulation that includes contractors and subcontractors in establishing coordination actions between different employers.