RISKS OF WORK

Law 26.773

Management of repair of damages resulting from occupational accidents and diseases.

Sanctioned: October 24, 2012.

Promulgated: October 25, 2012.




ARTICLE 1 — The provisions on the repair of occupational accidents and occupational diseases constitute a normative regime whose objectives are to cover the damages resulting from the risks of work with criteria of sufficiency, accessibility and automaticity of the dinerary and in kind benefits established to compensate such contingencies.

For the purposes of the present, it is understood by the regime of reparation to the whole of this law, by the Law on Labour Risks 24.557 and its amendments, by Decree 1694/09, its complementary and regulatory norms, and by which in the future they modify or replace them.

ARTICLE 2 — Dinerary repair will cover the partial or total decrease in the aptitude of the injured worker to carry out productive or economically valueable activities, as well as their need for continued assistance in the case of Grand Invalidity, or the impact generated in the family environment because of their death.

Medical care, pharmaceutical and rehabilitation benefits should be granted on the basis of the nature of the injury or disability. Such benefits may not be replaced with money, except for the obligation to transfer the patient.

The right to dinerary repair shall be computed, beyond the time when its origin and scope is determined, since the event was damaged or the proper causal relationship of the professional disease was determined.

The general compensatory principle is a single payment subject to the adjustments provided for in this regime.

ARTICLE 3o — Where the damage occurs in the workplace or is suffered by the dependent while at the disposal of the employer, the injured person (victim worker or his or her beneficiaries) shall, together with the dinerary compensation provided for in this regime, receive an additional one-time payment compensation for any other damage not repaired by the formulas provided therein, equivalent to twenty per cent (20%) of that amount.

In case of total death or disability, this additional compensation will never be less than seventy thousand ($70,000).

ARTICLE 4o — Those required by law 24.557 and their amendments to the payment of the compensation shall, within fifteen (15) days of notice of the death of the worker, or of the approval or determination of the incapacity of the victim of an accident of work or occupational disease, notify the survivors or their rightful of the amounts to be paid by the application of this regime, specifying each provision in a separate manner and indicating that they are paid.

The survivors may choose in an exclusive manner between the indemnities provided for in this reparation regime or those that may correspond to them on the basis of other liability systems. The various liability systems will not be cumulative.

The principle of collection of sums of money or initiation of judicial action in one or another system will imply that the option has been exercised with full effect on the event.

Judicial actions on the basis of other liability systems may only be initiated upon receipt of the notice provided for in this article.

The prescription shall be computed from the day after the date of receipt of such notification.

Cases of judicial proceedings initiated by civil law shall apply substantive legislation, in form and principles relating to civil law.

ARTICLE 5o — The perception of cash benefits, whether attributable to the replacement of wages at the healing stage (ILT) or complementary to Grand Invalidez, as well as the receipt of benefits in kind, shall in no case imply the exercise of the exclusionary option provided for in the preceding article.

ARTICLE 6o — When a court decision, conciliation or transaction determines the remedy on the basis of other liability systems, the Labour Risk Insurance (ART) shall deposit in the respective judicial or administrative record the amount that would have been appropriated by this regime, with more the corresponding interest, all of which shall be deducted, until its concurrence, from the sentenced or translated capital.

Also, the Intervening Labour Risk Insurance (ART) shall contribute to the payment of the costs, in proportion to the portion of the compensatory amount that would have corresponded to the total amount declared in the conviction or agreed upon in the transaction.

If the court ruling is less than the amount to be paid for the application of this remedy, the excess shall be deposited with the order of the Law Guarantee Fund 24.557 and its amendments.

ARTICLE 7o — The employer may hire insurance applicable to other liability systems that may be invoked by workers affected by damages arising from the risks of work, under the conditions established by the regulations issued by the National Insurance Superintendency (SSN).

ARTICLE 8o — The amounts for permanent work incapacity provided for in the rules that integrate the reparation regime will generally be adjusted semi-annually according to the variation in the RIPTE index (Immunerations Average of Stable Workers), published by the Social Security Secretariat of the Ministry of Labour, Employment and Social Security, to which effect the relevant resolution will dictate by setting the new values and their period of validity.

ARTICLE 9o — In order to ensure equal treatment of the victims covered by this regime, the administrative agencies and the competent courts shall adjust their reports, opinions and pronouncements to the list of professional diseases as Annex I to Decree 658/96 and to the Table of Assessment of Incapacities as Annex I to Decree 659/96 and its amendments, or those to replace them in the future.


ARTICLE 10. - The Superintendence of National Insurance (SSN) in conjunction with the Superintendence of Labour Risks (SRT) will establish the indicators that Labour Risk Assurers (ART) will have to take into account in order to establish their Alicuota regime, among which the risk level and the alleged and effective sinisterness will be considered; with more a fixed amount that, by each worker, corresponds to the professional disease level.

These indicators should include:

(a) The level of risk shall be consistent with categories to be determined according to the degree of compliance with the hygiene and safety regulations, and other objective parameters to be established by the regulation.

(b) The range of liquids set for each category may not be superimposed with the established liquor ranges for the remaining levels.

(c) Prohibition of bonus schemes and/or liquors outside the established risk level.

(d) Prohibition of direct or indirect discrimination based on the size of the enterprise.

The determination of the taxable basis shall be made on the total amount of remuneration and non-remunerative concepts declared monthly by the employer.

ARTICLE 11. - The liquor system shall be subject to the provisions of article 26 of Act No. 20.091, its amendments, and regulatory provisions, and shall be approved by the Superintendency of National Insurance (SSN). If thirty (30) days had elapsed from the submission made by the Occupational Risk Insurance Corporation (ART) the control agency had not reported any objection or rejection, the regime would be considered approved.

Once one (1) year has elapsed since the incorporation of the liquor into the contract of the employer, the Occupational Risk Insurance Insurance Insurance Insurance Insurance Insurance (ART) may modify it within the liquor regime approved by the National Insurance Superintendency (SSN) and upon notice in a fruitful manner with sixty (60) days in advance to the employer. In this case, the employer may choose to continue the membership contract and the new legal aid or to change the Occupational Risk Assurer (ART). When the employer has a legal obligation to comply with a procurement system for public tenders, this period shall be extended to six (6) months.

ARTICLE 12. - For the purpose of an appropriate relationship between the value of the quota and the sinisterness of the employer, the Superintendence of Labour Risks (SRT) will make available to the Occupational Risk Insurance (ART) all the information on sinisterness recorded in each of the employers ' establishments included in the application of the regime.

ARTICLE 13. - After two (2) years of the validity of the present, the Superintendence of Insurance of the Nation (SSN), together with the Superintendence of Labour Risks (SRT), may establish new indicators for the establishment of the Alicuot System by the Occupational Risk Insurance Insurance Insurance Insurance (ART), aimed at reflecting the link between quotas and the actual and presumed sinisterness of hygiene, as well as the levels of safety and hygiene.

They may consider for this purpose: basic liquids, a proportionality component between the main economic activity and the most risk that the affiliated employer performs, supplements or reductions proportionally related to both the level of non-compliance of the employer with the current regulations on hygiene and safety, as well as the sinister rates.

The Superintendence of National Insurance (SSN), in conjunction with the Superintendence of Labour Risks (SRT), will be able to set up a system of liquids uniformed by covered collective, which will only recognize variations according to the probable and effective level of risk.

ARTICLE 14. - For the alleged coverage of the repair based on other liability systems, so that it exceeds what is covered in this regime, the premiums must be set separately to deal with it, according to the rules governing the matter, set by the Superintendence of National Insurance (SSN).

ARTICLE 15. - Employers shall have the right to receive from the Occupational Risk Assurer (ART) to which they are affiliated, information regarding the system of liquors, the benefits and other actions that this regime provides for.

ARTICLE 16. - Labour Risk Insurance Insurance (ART) shall limit their budget on administrative and other non-repair costs to the percentage jointly established by the Superintendency of Labour Risks (SRT) and the Superintendency of National Insurance (SSN), which may not exceed twenty per cent (20%) of their corresponding income for such insurance. Within that amount, they may assign to marketing or brokerage costs in the sale of the insurance up to 5 percent (5%) of the total.


ARTICLE 17. -

1. Refer to articles 19, 24 and 39, paragraphs 1, 2 and 3, of Law 24,557 and their amendments. Remuneration allowances for periodic rent, as provided for in the above-mentioned rule, are transformed into single-payable compensatory benefits, with the exception of performance benefits.

2. For the purposes of judicial proceedings provided for in article 4 of the last paragraph of this Act, the National Civil Justice shall be competent in the Federal Capital.

Invite the provinces to determine the competence of this matter in accordance with the above criteria.

3. In the judicial proceedings provided for in article 4 of the last paragraph of this Act, the provisions of article 277 of Act 20,744 shall apply. In addition, the amount of the process should be considered for all purposes of fee and cost-enforcement regulations, the difference between the sentencing capital and the person who had perceived the worker — both in money and in kind — as a result of the regime of reparation contained in this law, the pact of litis quota is not admissible.

4. For the purposes of the deposit provided for in article 6 of the first paragraph of this Act, interest shall be applied at the rate provided for in the judgement from the enforceability of each receivable. At administrative headquarters, the deposit shall be made in a special fund administered by the Superintendence of Labour Risks (SRT), applying the interest to the rate envisaged for the updating of labour credits.

5. The provisions relating to the cash and in-kind benefits of this Act shall enter into force on the basis of their publication in the Official Gazette and shall apply to the contingencies provided for in Act No. 24,557 and its amendments, the first invalidating demonstration to take place from that date.

6. The permanent incapacity cash benefits, provided for in Act No. 24.557 and their amendments, and updated by Decree No. 1694/09, shall be in accordance with the date of entry into force of this Act in accordance with the IPRTE (Importable remuneration of Stable Workers), published by the Social Security Secretariat, since 1 January 2010.

The general update provided for in Article 8 of this Law shall be effected within the same time period as the provision for the Argentine Integrated Provisional System (SIPA) by Article 32 of Law 24,241, as amended by its similar 26,417.

7. The provisions relating to the amount and updating of the additional benefits for Grand Invalidity shall enter into force from the publication in the Official Gazette of the present, regardless of the date of determination of that condition.

ARTICLE 18. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICUATRO DAYS OF THE OCTOBER OF THE YEAR DOS MIL DOCE.


JULIAN A. DOMINGUEZ. - LOVE BOUDOU. — Juan H. Estrada. - Gervasio Bozzano.