As the discussion progresses Repair work Strategies to reduce informal activity are being sought, and the study has sounded alarm bells again: Argentina is among the countries with the largest number of lawsuits for work accidents in the world.
The data comes from a report issued by Union of Occupational Risk Insurers (UART), Which indicated that the system is undergoing a serious state of erosion due to the intervention of judicial experts.
Mara BetiolThis was stated by the Chairman of the Authority “Judicial expertise, in clear violation of the regulations Law 27,348 Its 18 regional annexation causes the collapse of the system Art system He attacks Jill Formal employment In the country.”
Experience in the spotlight: fees associated with governance
According to UIART, the main problem lies in the way the experts appointed by the Labor Court work. Bitiol stated that these professionals are the ones who determine the degree of disability and that “They act without oversight and their fees are linked, directly or indirectly, to the outcome of the trial“.
That’s how things are, Nine out of ten trials intervene without evidence of disability or even without work connectionAccording to statistics from Supervision of occupational risks.
The report details that these provisions “are then upheld by labor judges in their rulings in almost all cases, and also apply to compensation amounts resulting from upgrades and interest rates that are impossible to finance.”
Lawsuits are on the rise despite a decline in the number of incidents
What most worries insurance companies is that lawsuits are increasing even when accidents are decreasing.
- Work accidents: -55%
- Deaths at work: -80%
- Forecast for 2025: More than 130,000 experiences
The document emphasizes the contradiction: the elimination rate is 15 times larger than Spain And 21 times higher than Chile. “If Argentina had the judicial index of Spain, it would have gotten a little more 8000 experiments annually If she had the Chilean indicator, she would not have arrived 6000 experiments annually“, highlighted the UART.
Low back pain: ailments of the star in the courts
Another amazing fact comes from A Fundación Mediterránea IERAL study. There he found it Low back pain is one of the most common conditions in workers’ lawsuits.
while Medical committees It is usually classified as unimpaired, and judicial experts attribute it, on average, to A 14% permanent disabilityWith significant differences between provinces and even within the same jurisdiction.
Demand changes in labor justice
Bitiol stressed that it is urgent to regulate the expert system and fully implement the current law: “It is necessary to resolve judicial anomalies and expert activity to provide a real service of justice to employers and workers…”
He added: “Labor justice cannot continue in the hands of experts whose appointment includes being included in a list and drawn from them, and who “They are executing skills that no one has control over.”
Reform on the agenda: government expectations
The executive authority expected it to be promoted Labor reform aimed at formal employmentas specified in May Charter. For the UART president, the ART system sets a key precedent: it is not enough to amend laws; Compliance with them must be ensured in practice.
In 2017, Law 27,348 – Temporarily reducing probation by strengthening the administrative body and providing free sponsorship for the worker. However, the effect was short-lived and demand increased again.
The report concludes: “In order to promote the formalization of employment, labor reform must include measures that put an end to the scourge of lawsuits over workplace hazards. At the same time, all those with a role in this initiative must take into account our bad experience: “Good law, without proper implementation in justice, exacerbates the problem.”
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