In the midst of the discussion, it ended Repair workindustry projects that 2025 It will close with approx 130 thousand new claims for work accidents. If we add the lawsuits arising from Layoffs and Unregistered workers Started throughout the year, the total number of Trial industry climb to 260,000 cases.
system Business risks In Argentina, the country remains under unprecedented pressure due to the volume of labor lawsuits filed in recent months, a dynamic that threatens the sustainability of the private sector and complicates formal job creation. According to data from Union of Occupational Risk Insurers (UART)claims related to workplace accidents have reached a record high and will nearly end the year 130,000 claims. This phenomenon, which continues despite reform efforts, increases business costs and exacerbates uncertainty for those considering investing in labor-intensive activities.
Head of the UART, Mara BetiolHe warned that no system could maintain this level of justice and warned against it “No reform, whatever its scope, will be able to achieve its goals if the occupational risk system continues to be subject to this judicial dynamic.”. From the point of view of UARTthe focus of the current discussion shifts toward litigation Layoffs, Black work and associated incidents, while they consider that the current scheme of occupational risk operations is Outdated.
Contrast Argentina with other countries
International comparison reveals an unbalanced scenario: Argentina records a level of judiciary 21 times higher Yemen chili and 15 times larger Yemen Spain. With the Spanish rate, the country would have 8,200 experiences per year; With Chilean hardly 5600According to UART data.
Despite this, the balance is still… 29 years old System performance displays related improvements: Occupational deaths He falls 81%the Accident rate It has been reduced 55% and Seriousness of accidents hostel 39%. The topic was addressed in Live InfoWhere the journalist Lucrezia Eterovic He emphasized that “Argentina is experiencing a disproportionately high rate of labor claims despite recording a downward trend in workplace accidents, which indicates that there is a judicial process that encourages demand.”.
Etrović also analyzed the expectations surrounding the legislative debate on reform and Demand from business to reduce costs and reduce legal uncertainty. In addition, it raised questions about the final scope of the project government will be sent to Congress.
“The ruling party will try to maintain secrecy in the remaining weeks to avoid leaks and not anticipate the content of the reform.”He indicated that the focus will be on determining whether the text will include regulations regarding “trial industry”.
Work accidents: where prosecutions are concentrated
Mid-year data show that the distribution of these lawsuits is not uniform. the Buenos Aires Province collection 40% Of the total causes, beyond levels 2024. the City of Buenos Aires It also shows an increase, while… Santa Fe Recorded a year-on-year increase in 28% In June above the general average. In contrast, such as the provinces Jumping and Black Riverwhich it has Forensic Medicine Authority These sectors rely on jurisdiction and exhibit lower litigation rates, which – depending on the sector – demonstrates that full enforcement of existing regulations can reduce jurisdiction and provide predictability.
the Law 27,348 to 2017 The composition of these medical bodies is precisely determined to ensure objective and uniform expert standards. However, a few jurisdictions have stepped forward: Mendoza A panel of five experts was formed under judicial supervision Santa Fe The call to merge a new one was opened recently. In the rest of the country, experts work from rosters and charge fees calculated based on the percentage of disability identified, which – according to UART – creates “Circle of Perverse Incentives”.
This system results in skills with disability rates higher than those stipulated in the official scale and with an average exceeding 12.5 points Established values. Added to this are the high court fees that turn trials into Financial betting Guaranteed return, warns the sector. in 2024Case stock has arrived 290,000 experiencesAnd it is expected 260,000 new to 2025This is a burden that burdens the system, insurance companies, and employers.
Average cost Business risk insurance Located in 2.77% Of salaries. Although this value has increased in the past year, it has done so at a slower rate than the elimination. The impact on the private sector is direct: increased litigation increases the value of insurance premiums, deteriorates competitiveness, and slows business creation. Formal employment. According to UART, this dynamic generates uncertainty and makes it difficult to plan investments, especially in activities that rely on a large number of workers.
A fact that measures the size of the problem: 88% of trials correspond to cases Without a recognized disabilityThis indicates a level of litigation that is not related to real harm to the worker’s health. Moreover, 60% Of the demands that are presented outside the legal periodWhich increases the accumulation of files and judicial congestion.
The economic cost is enormous. take June 2025 minimum wage ($313,400)Annual litigation equivalent 6,891,653 minimum wage. This factor is added to the so-called “The cost of Argentina”making recruitment more expensive and discouraging registered recruitment.