As the discussion progresses Work style reform And as strategies to reduce informality are being sought, research has once again sounded the alarm. Argentina is one of the countries with the highest number of industrial accident lawsuits in the world.
The data is Union of Occupational Risk Insurers (UART); The report noted that the intervention of judicial experts was causing significant wear and tear on the system.
Mara Bettiolthe president of the organization said: “Judicial expertise is clearly in violation of the law.” Law 27,348 and its joining of 18 provinces is causing the collapse of the nation. ART system attack the generation of formal employment In the countryside. ”
Featured expertise: Judgment-related fees
According to UIART, the main problem lies in the way the labor court appointed experts. Bettiol said these experts determine the rate of disability andThey act out of control and their fees are tied directly or indirectly to the outcome of the trial.”.
In other words, things are 9 out of 10 cases are started without proof of incompetence or even connection to workAccording to the statistics of Occupational risk supervision.
The report details that these rulings are “upheld by labor judges in almost all cases and also apply to renewal compensation and non-financed interest.”
Although accidents are decreasing, lawsuits are increasing.
The biggest concern for insurance companies is that even as accidents decrease, lawsuits will increase.
- labor accident: –55%
- Fatal accidents at work: –80%
- Predictions for 2025: 130,000+ trials
This document emphasizes contrasts. The proportion of judges is as follows: 15 times the size of Spain 21 times more than Chile. “If Argentina had the Spanish judicial index, it would have had a little more.” 8000 trials per year Even if there was a Chilean index, it would not be possible to achieve this goal. 6000 trials per year”, emphasizing UART.
Lower back pain: a pathology that attracts attention in court
Another surprising fact is that Research on the Mediterranean Foundation by IERAL. What became clear was that Back pain is one of the most frequently cited symptoms in labor lawsuits.
on the other hand, medical board It is usually classified as non-disabled, but legal experts, on average, classify it as non-disabled. 14% permanent disabilitythere are significant differences between states and even within the same jurisdiction.
Arguing for changes in labor justice
Mr. Betiol insisted on the urgent need to organize a system of experts and ensure the full application of current law, stating that “resolving judicial deviations and the activities of experts is essential in order to provide genuine services of justice to employers and workers…”.
He added: “Labor justice cannot continue in the hands of experts who are listed and appointed by lottery.” “They perform skills that no one can control.”
Reform is on the agenda: Government expectations
The executive branch expected that it would be facilitated Work style reform aimed at regular employmentAs established in may agreement. For those responsible for UART, the ART system provides an important precedent. It is not enough just to amend the law; rather In practice, its compliance must be guaranteed.
In 2017, Law 27,348 It temporarily reduced court cases by strengthening administrative institutions and providing free sponsorship for workers. However, the effect did not last long and demand increased again.
The report states: “To promote the regularization of employment, labor reforms must include measures to end the scourge of workplace risk litigation. At the same time, all those involved in this effort must be mindful of our bad experiences. “Even if there are good laws, if justice is not properly implemented, the problem will get worse.”
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