Concern about the increase in lawsuits due to workplace risks: 11,851 new lawsuits in October

Concern about the increase in lawsuits due to workplace risks: 11,851 new lawsuits in October

Between January and October of this year, cases increased at 105,960while the entry of another 22 thousand is expected for the last two months of the year, so 2024 would close with 128,000 new trials.

The Union of Occupational Risk Insurers (UART) describes this trend as “one of the burdens that stifles the generation of quality employment in the country.” ART currently covers to 10,148,061 people (white salaried workers) and 1.06 million employers. However, That population of workers could double if the self-employed (registered and unregistered) and informal employees are considered.

Since 2017 the Law 27,348 incorporated as an obligation the creation of Forensic Medical Corps (CMF) by Justice. However, this obligation is still pending in all the participating provinces with the exception of Mendoza (which advanced with a first formation). On the CABA side, as it does not have its own labor jurisdiction, said obligation falls on the Supreme Court of Justice of the Nation.

In UART they consider the Implementation of this figure is key to deactivating this judicial “time bomb”.

The provinces with the most job demands

The Province of Buenos Aires, CABA and Santa Fe lead the ranking of provinces with the highest number of demands: 42,550, 19,206 and 13,968 cases in the year, respectively.

To measure the numbers, Argentina had 114.2 lawsuits per 10,000 workers covered in 2023, while countries like Spain and Chile register only 9.5 and 5.8.

The UART request to the Judicial Powers of the provinces adhered to Law 27348

From the UART they insist to the Judicial Powers of the provinces adhered to the Law that comply with and constitute the Forensic Medical Corpsto be able to lower judgments to reasonable levels and not stop the creation of quality employment.

In that sense, they ensure that compliance with the standard “will result in less judiciality and better jobs”, since with the Forensic Medical Corps “they professionalizes and objectifies the assessment of damageat the same time The criteria are unified among the administrative body of the Medical Commissions.”

Furthermore, they maintain that this expert figure in Justice “It would also end cost overruns by eliminating the collection of fees tied to the amount of the sentencesince the professionals would be paid by salary or medical act”, and that in this way “a perverse incentive would be dismantled: the greater the expertise, the greater the fee.”

Estimates of trials for 2024 would be around close values at 130 thousand in 2017, which caused the reform to be sanctioned with broad support from all sectors.

Source: Ambito

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