Regime Of Ordering The Repair Of Any Damage Resulting From Accidents At Work And Occupational Diseases.

Original Language Title: Régimen de ordenamiento de la reparación de los daños derivados de los accidentes de trabajo y enfermedades profesionales.

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RISKS of work risks of labour law 26.773 regime of ordering the repair of any damage resulting from accidents at work and occupational diseases. Sanctioned: 24 October 2012. Enacted: 25 October 2012.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: regime ordering of repair of the damage derivatives of the accidents of work and diseases professionals chapter I ordering of the coverage article 1º - the provisions on service of accidents at work and occupational diseases constitute a regulatory regime whose objectives are coverage of the damage resulting from the risks of working with criteria of adequacy accessibility and automaticity in kind and cash benefits established to compensate such contingencies. For the purposes of the present, he is understood by mode of repair to the integrated set by this law, by the law of risks of the 24.557 work and its modifications, by the Decree 1694/09, its regulations and complementary standards, and that in the future modify them or substitute.
Article 2º - repair money will be used to cover the partial or total decrease in the ability of the affected worker to perform economically valuable or productive activities, as well as their need for continued assistance in the event of great disability, or the impact on the family environment because of his death. Them benefits medical care, pharmaceutical and of rehabilitation must grant is depending on the nature of the injury or the disability determined. Such benefits may not be substituted in money, with the exception of the obligation to transfer the patient. The right to monetary reparation will be calculated, it is beyond the time that determined their origin and scope, since the harmful event occurred or was determined the appropriate causal relationship of an occupational disease. the general principle of compensation is paid only, subject to the adjustments provided for in this regime.
Article 3º - when the damage occurs at the place of work or dependent suffer it while you are at the disposal of the employer, the injured party (worker victim or their successors in title) are paid with cash allowances provided for in this regime, a compensation additional single payment in compensation for other damage not repaired by the formulas provided for there, equivalent to twenty percent (20%) of that amount. In the event of death or total disability, this additional compensation will never be less than seventy thousand pesos ($ 70,000).
Article 4 °-them forced by it law 24.557 and their amended to the payment of the repair cash must, within them fifteen (15) days of notified of the death of the worker, or of the approval or determination of it inability labor of it victim of an accident of work or disease professional, notify convincingly to them affected or to their IMSS users them amounts that les corresponds perceive by application of this regime specifying each concept separately and indicating that they are at your disposal for the collection. Those affected may opt of mode exclusive between them compensation planned in this regime of repair or which them could correspond with Foundation in others systems of liability. The different systems of liability not be cumulative. The principle of recovery of sums of money or the initiation of a prosecution in one or another system will mean that the option exercised with full effects on the harmful event. Legal actions based on other systems of liability only will start once received irrefutable notification provided for in this article. The prescription will be calculated from the day following the date of receipt of that notification. In the event of legal action initiated by way of the civil law the law Fund, form and the corresponding civil law principles shall apply.
Article 5º - perception of cash benefits, is attributable to the replacement of wages in stage of healing (ILT) or complementary great disability, as well as receipt of the benefits in kind, they do not imply in any case the exercise of exclusive option provided in the preceding article.
Article 6º - when by court ruling, conciliation or transaction, repair is determined based on other systems of liability, the insurance for occupational risks (ART) must be deposited in the respective judicial or administrative record the amount that would have corresponded according to this scheme, with more interest, all of which will be deducted, until its concurrence, of the capital condemned or traded. Also, the insurance for occupational risks (ART) intervening must contribute to pay the costs, in proportion to the part of the amount of compensation that would have corresponded to the total of the amount declared in the sentence or agreed on the transaction. If the Court ruling for an amount less than that would have corresponded to pay for application of this system of repair, the surplus shall be deposited to the order of the guarantee fund of 24.557 law and its amendments.
Article 7 °-the employer may hire a safe applicable to others systems of responsibility that can be summoned by them workers affected by damage derivatives of them risks of the work, in them conditions that set the regulation that dictate the Superintendence of safe of the nation (SSN).
Article 8º - for permanent incapacity for work amounts foreseen in the rules that comprise the rule of repair, will be adjusted in general every six months according to the variation of the index RIPTE (pay taxable average the worker stable), published by the Ministry of Social security of the Ministry of labour, employment and Social Security, for which purpose shall adopt the relevant resolution setting new values and their period of validity.
Article 9º - to ensure equal treatment of victims covered by the present regime, administrative agencies and courts should adjust its reports, opinions and pronouncements to the list of occupational diseases provided as annex I of the Decree 658/96 and to the table of disabilities assessment provided as annex I to the Decree 659/96 and its amending , or those who replace them in the future.

Chapter II management of the management of regime article 10. -The Superintendent of insurance of the nation (SSN) in conjunction with the Superintendence of labour risks (SRT) will establish indicators that the insurers of occupational hazards (ART) will be taken into account to establish his regime of aliquots, among which are considered to be the level of risk and the claims alleged and effective; integrate over a fixed sum that, for each worker, corresponds to the Trust Fund for occupational diseases. These indicators should be considered: to) the level of risk will adjust to categories to be determined according to the degree of compliance with the rules of hygiene and safety, and other objective parameters that the regulation establishes. (b) the range of aliquots set for each category may not overlap with the aliquots ranges established for the remaining levels. (c) the prohibition of bonus schemes or aliquots on the outside of the established risk level. (d) the prohibition of direct or indirect discrimination based on the size of company. The determination of the tax base shall be made on the total amount of remuneration and not remunerative concepts monthly declared by the employer.
ARTICLE 11. -The system of aliquot shall be liable according to article 26 of law 20.091, amended, and regulations, and will be approved by the Superintendent of insurance of the nation (SSN). If within thirty (30) calendar days from the presentation made by the insurance of risks of work (ART) watchdog not had notified objection or any rejection, the regime is deemed approved. After one (1) year from the incorporation of the aliquot to the contract by the employer, the labour risks insurance company (ART) can modify it within the aliquots regime approved by the Superintendent of insurance of the nation (SSN) and notice in an irrefutable manner with sixty (60) days prior to the employer. In this case, the employer may choose to continue with the affiliation agreement and the aliquot new or change of labour risks insurance company (ART). When the employer had a legal obligation to conform to a system of contracts for procurement, this period will be extended to six (6) months.
ARTICLE 12. -To them purposes of a proper relationship between the value of the share and the claims of the employer, it Superintendency of risks of the work (SRT) will put to available of them insurance of risks of the work (ART) all it information on claims registered in each one of them establishments of them employer included in the field of application of the regime.

ARTICLE 13. -After two (2) years from the entry into force of the present, the Superintendent of insurance of the nation (SSN), in conjunction with the Superintendence of labour risks (SRT), may establish new indicators to the locking system of aliquots from the insurers of occupational hazards (ART), aimed to reflect the link between the contributions and the effective and alleged claims as well as the levels of compliance with the rules of hygiene and safety. May be considered for this purpose: aliquots Basic, a component of proportionality between the main economic activity and the increased risk that perform the affiliated employer, supplements or reductions proportionately related both with the level of non-compliance from the employer to the regulations on hygiene and safety, and accident rates. The Superintendent of insurance of the nation (SSN), in conjunction with the Superintendence of labour risks (SRT), may determine a system of aliquot uniforms by collective covered, which will only recognize variations according to the risk likely and effective level.
ARTICLE 14. -For the course of repair coverage established in other systems of liability, so it exceeds covered by this scheme, premiums should be separately established to deal with it, according to rules governing the matter, set by the National Superintendency of insurance (SSN).
ARTICLE 15. -Employers are entitled to receive the insurance for occupational risks (ART) which are affiliates, information with respect to the system of aliquots, benefits and other actions that this regime puts in charge of that.
ARTICLE 16. -Them insurance of risks of the work (ART) must limit its budget in expenses of administration and others expenses not performance to the percentage that established jointly it Superintendency of risks of the work (SRT) and the Superintendency of safe of the nation (SSN), which not may overcome the twenty percent (20%) of them income that les correspond for that safe. Within that amount, may assign to expenses of marketing or brokering in the sale of the safe to the five percent (5%) of the total.

Chapter III provisions General article 17. —

1. Repeal them articles 19, 24 and those subsections 1, 2 and 3 of the article 39 of the law 24.557 and its amended.
Them benefits compensation cash of rent periodic, planned in the cited standard, are transformed in performance compensation cash of payment only, with exception of them benefits in execution.
2. for the purposes of the proceedings provided for in article 4 last paragraph of this law, shall have jurisdiction in the Federal Capital national justice in Civil matters.
Invite the provinces so that they may determine the competence of this area as the criteria established above.
3. in the proceedings provided for in article 4 last paragraph of this law, will apply the provisions of article 277 of the Act 20.744. In addition, you should consider as amount of the process for all the purposes of regulations of fees and imposition of costs, the difference between the capital of conviction and who had perceived the worker - both in money and in kind - as a result of the regime of service contained in this Act, not being allowable quota litis Pact.
4. for the purposes of the warehouse as referred to in article 6 ° first paragraph of the present law, courts apply the interests rate arranged in the sentence from the enforceability of each credit. Administrative headquarters, the deposit will be in a special fund administered by the Superintendence of occupational hazards (SRT), apply interest at the rate provided for the updating of claims.
5. provisions relating to benefits in money and in kind of this law shall enter into force after its publication in the Official Gazette and shall apply to the contingencies provided for in law 24.557 and its modifications, whose first disabling manifestation occurs after that date.
6 cash benefits for permanent disability, provided for in 24.557 law and its amendments, and its update through Decree 1694/09, will be adjusted to the date of entry into force of this law in accordance with the index RIPTE (pay taxable average the worker stable), published by the Ministry of Social Security, since the 1 January of the year 2010.
General updating provided for in article 8 of this law shall be carried out in the same terms that the ready for system integrated Previsional Argentino (SIPA) by article 32 of law 24.241, modified by its similar 26.417.
7. provisions relating to the amount and update of additional great disability benefits shall be effective as of the publication in the Official Gazette of the present, irrespective of the date of determination of the condition.
ARTICLE 18. -Communicate to the national executive power.


Date of publication: 26/10/2012