Definition of Working accident
1 Meaning of Work accidentAn accident at work is which happens to the worker during their workday, or well on the way to work and from work to home. In the latter case the accident called travelling.
As of 2005, the definition of industrial accident also includes self-employed workers who previously request Social Security and paid the corresponding social quotas.
It is therefore necessary that the following characteristics are met:
1. Bodily injury, which may be physical or psychological.
2 The worker is self-employed or is high in the contingency of accident at work as self-employed on their own.
3 Extends the concept to worker members of mercantile societies.
4. That the accident on the occasion or as a consequence of the work.
They are seen also working in Spain, unlike the rest of the countries in the area:
• Accidents occurring to the fold or work. So-called accidents in itinere.
It is necessary to consider in itinere an industrial accident that has occurred between the usual address of the worker and the workplace. Industrial accident, if disruptions occur on the road to perform non-work acts shall not be considered or goes from work to places other than the usual address.
• The employee during or as a result of the performance of elected Union or Government of the managing bodies, as well as those that occurred to play going or coming back from the place in which exercise the functions of such charges.
• Those that occurred during or as a consequence of the tasks running, despite being different to the of the Professional category, the worker in compliance with the orders of the entrepreneur or spontaneously in the interest of the proper functioning of the company.
• That occurred in acts of rescue and others of a similar nature, when some have connection with the work.
• Diseases covering worker on the occasion of his work, provided it is proved that the disease was unique because the realization of the same and is not classified as occupational disease.
• Diseases or defects inflicted previously by the worker who is escalating as a result of the constituent accident injury.
• Attacks of myocardial, thrombosis, bleeding brain or similar when they occur to cause or result of the work.
Accident at work shall not be considered:
• The recklessly, although professional imprudence.
• The accident that occurs in the workplace when the injured person is committing an intentional crime.
• Attacks of myocardial, thrombosis, bleeding brain or similar if they are not a product of the work.
2. Definition of Working accidentThe concept of accident at work is one that applies to all risk, action or fact involving illness or injury to a person while it was working. The accident at work is a very complex situation because as well as injuries to the body (and perhaps in the psyche) person, it means that the same, at least for a time, may not resume their work.
Thanks to the struggle for the rights of workers, nowadays there is legislation in the majority of countries which establishes that all those generated in the workplace accidents should be covered by an insurance of risks of work (A.R.T.) and in addition the employer should be charge to cover costs or licenses to be taken by the employee as a result of the accident. However, this does not mean that in reality this legislation is applied always and so many workers in black or non-registered they must suffer the plight of being injured and unemployed in circumstances of this kind.
Work accidents are in most cases made that happen by accidental situations, but in many cases can be generated also by the carelessness and negligence with which the companies or employers make work to its employees or employees. Thus, for example, in the field of construction is very common to talk of landslides by poorly constructed sectors or serious injury due to lack of use of security elements such as helmets, arneces, belts, gloves, clothes of fire-retardant material, etc. In many cases, accidents at work can even generate the death. In other cases, accidents may occur outside of the workplace when the person is going or returning from it (for example, a robbery in public or a traffic accident).
Therefore, it is very important to keep in mind that every worker should be covered by an adequate insurance that provide employee coverage by all the complications that the accident can generate as well as a decent license that allows you to continue enjoying your paycheck even if you are not working because of the injury from the accident.
3 Concept of Work accidentThe law 24.557 about risks of the work in the Argentina industrial accident defines in its article 6, as the (sudden) violent and sudden event that occurs on the occasion of the labour relationship of dependence, also comprising the journey of return to the place of work performance ("in itinere"). If the path has been modified or suspended by the worker without cause (the cause of the deviation or interruption justified must be tested, and they are assistance to other work, illness of a family member who does not live with, or because of studies) will not be covered by the law.
The passive subject of the accident, in virtue of the same, can result in a permanent or temporary incapacity for work which is grounds for suspension of the employment contract. Accidents that cause injuries during work can be caused by fire, shock, falling objects, cuts with some tools of work, electric shock, etc. "In itinere" may be collisions traffic, falls from tripping, or blows, animal bites, etc.
In Argentina responsible for protecting the injured worker is the ART (labour risks insurance) where will be the denunciation of the accident by the employer or the worker. It is the ART to be responsible monetary benefits and in-kind (medicines, medical care, orthopedics, rehabilitation and burial expenses). The employer only respond in case of having acted with fraud, although the courts have accepted that you can be sued civilly, considering that the irresponsibility which gives the law is unconstitutional.
Article 208 of the labour contract Act provides that the worker will enjoy payment of his salary for three months if his seniority of up to 5 years and the payment of 6 months if their age is greater. These periods are doubled if you have loads of family.