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UNITED STATES DEPARTMENT OF LABOR
W . N. DOAK, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner
BULLETIN OF THE UNITED STATES \
BUREAU OF LABOR STATISTICS/
FOREIGN
LABOR
LAWS
SERIES
WORKMEN'S COMPENSATION LEGISLATION
OF THE LATIN AMERICAN COUNTRIES
DECEMBER, 1930
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1930
For sale by the Superintendent of Documents, Washington, D. C.
Price 65 cents
ACKNOWLEDGMENT
This translation of the workmen’s compensation legislation of the
Latin American countries was made under the direction of Ethel
Y . Larson, of the Bureau of Labor Statistics.
in
CONTENTS
Legislation of South and Central American countries:
Scope of the laws______________________________________________
Employments covered______________________________________
Employers exempted. ______________________________________
Employees not covered_____________________________________
Injuries covered___________________________________ _________
Waiting tim e._____________________________________________
Compensation benefits__________________________________________
Basis of compensation______________________________________
Death____________________________________________________
Permanent total disability__________________________________
Permanent partial disability________________________________
Temporary disability_______________________________________
Medical service____________________________________________
Limitation of time for claim_____________________________________
Settlement of compensation claims______________________________
Reporting of accidents__________________________________________
Security of payments___________________________________________
Administration________________________________________________
Legislation of the Mexican States:
Compensation benefits__________________________________________
Basis of compensation______________________________________
Death_______________ _____________________________________
Permanent total disability__________________________________
Permanent partial disability________________________________
Temporary disability_______________________________________
Medical service____________________________________________
Limitation of time for claim_____________________________________
Reporting of accidents__________________________________________
Form of payment—security—insurance__________________________
Administration________________________________________________
Text of legislation of South and Central American countries:
Argentina—
Law No. 9688 of October 11, 1915___________________________
Regulatory decree of January 14, 1916 (for Federal capital and
National Territories)_____________________________________
Decree of April 30, 1917____________________________________
Decree of November 12, 1917_______________________________
Decrees of May 21, 1918___________________________________
Decree of October 25, 1923-------------------------------------------------Decree of November 20, 1923----------------------------------------------Provincial regulatory decrees________________________________
Bolivia—
Law of January 19, 1924___________________________________
Regulatory decree of July 21, 1924__________________________
Supreme decree of March 20, 1926___________________________
Supreme decree of June 7, 1926_____________________________
Supreme decree of May 24, 1927____________________________
Law of April 18, 1928______________________________________
Regulatory decree of June 11, 1928---------------- ---------------------Brazil—
Decree No. 3724 of January 15, 1919________________________
Regulatory decree No. 13498 of March 12, 1919______________
Chile—
Law No. 4055 (as amended by Decree Law No. 379 of March 18,
1925)_____________________________________________ ______
Regulatory decree No. 238 of March 31, 1925......... ....................
Regulatory decree of April 21, 1927__________________________
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Text of legislation of South and Central American countries— Continued.
Colombia—
Law No. 57 of November 15, 1915___________________________
Resolution No. 63 of May 12, 1927, of the Ministry of Public
Works__________________________________________________
Resolution No. 80 of June 20, 1927, of the Ministry of Public
Works__________________________________________________
Costa Rica—
Law No. 53 of January 31, 1925 (as amended by Laws No. 92 of
August 24, 1926, and No. 12 of September 13, 1927)________
Regulatory decree No. 2 of January 17,1927 (as amended by No.
26 of September 17,1927, and No. 44 of November 14, 1927)..
Cuba—
Law of June 12, 1916_______________________________________
Regulatory decree No. 596 of April 29, 1928__________________
Ecuador—Law of October 6, 1928_______________________________
Guatemala—
Decree No. 669 of November 21, 1906_______________________
Regulatory decree of February 14, 1907______________________
Nicaragua—Law of May 13, 1930________________ ______________
Panama—Law No. 17 of November 16, 1916 (as amended by Law No.
43 of December 30, 1916)_____________________________________
Paraguay—Law No. 926 of September 7, 1927____________________
Peru—
Law No. 1378 of-January 20, 1911___________________________
Law No. 2290 of October 20, 1916___________________________
Decrees of July 4, 1913—
Degrees of disability___________________________________
Basic minimum wage___________________________________
Workers’ insurance____________________________________
Decree of July 11, 1914_____________________________________
Salvador—
Decree of May 11, 1911____________________________________
Regulatory decree of September 7, 1911______ _______________
Uruguay—Law of November 26, 1920___________________________
Venezuela—
Chapter 4 of Labor Law of July 23, 1928_____________________
Regulatory decree of August 13, 1928._______________________
Text of legislation of Mexican States:
Aguascalientes—Part 8 of the Labor Law of 1928_________________
Campeche—Chapter 20 of the Labor Law of 1925_________________
Chiapas—Part of the Labor Law of 1927_________________________
Chihuahua—Chapter 18 of the Labor Law of 1922------------------------Coahuila—Law of April 28, 1926________________________;-----------Colima—Chapters 17 and 18 of the Labor Law of 1925____________
Durango— Chapter 12 of the Labor Law of 1924__________________
Guanajuato—
A. Part of the Agricultural Labor Law (Decree No. 175) of 1923.
B. Part of the Mine Labor Law of 1924--------------------------------Hidalgo— Chapter 19 of the regulatory law of 1928-----------------------Jalisco— Chapters 17 and 18 of the Labor Law of 1923------------------Michoacan— Part 5 of the Labor Law of 1926 (as amended in 1929)Nayarit—Part 4 of the Labor Law of 1918----------------------------------Nuevo Leon— Decree No. 47 of November 6, 1906________________
Oaxaca—Chapter 21 of the Labor Law of 1926___________________
Puebla—Parts 7 and 10 of the Labor Code of 1921________________
Queretaro— Part 5 of the Labor Law of 1922--------------------------------San Luis Potosi— Decree No. 139 of May 30, 1923________________
Sinaloa— Decree No. 165 of July 15, 1920______ ________ _________
Sonora—Law No. 52 of October 15, 1918_________________________
Tabasco—Chapter 3 of Part 2 of the Labor Law of 1926---------------Tamaulipas—Chapters 18-21 and 32, etc., of the Labor Code of 1925.
Vera Cruz— Law of June 24, 1924_______________________________
Yucatan— Chapter 3 of Part 2 of the Labor Code of 1926__________
Zacatecas—Chapters 19 and 20 of the regulatory law of 1927----------
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BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS
NO. 529
WASHINGTON
DECEMBER, 1930
WORKMEN’S COMPENSATION LEGISLATION OF THE LATIN
AMERICAN COUNTRIES
This bulletin contains the original laws enacted to provide com
pensation for workers injured or diseased as a result of their employ
ment, and the various decrees and regulations passed subsequently
for the purpose of interpreting the basic legislation, for all the Latin
American countries in which such legislation has been enacted. Of the
20 Latin American countries, the following 16 countries have either
enacted workmen’s compensation laws, or (as with Venezuela) in
cluded in the labor laws provisions on workmen’s compensation,
which are herein presented: Argentina, Bolivia, Brazil, Chile, Co
lombia, Costa Eica, Cuba, Ecuador, Guatemala, Nicaragua, Panama,
Paraguay, Peru, Salvador, Uruguay, and Venezuela. While there is
no national workmen’s compensation law in Mexico at the present
time, 24 of the 28 Mexican States have either enacted special work
men’s compensation laws, as in the case of Nuevo Leon, San Luis
Potosi, Sinaloa, Sonora, and Vera Cruz, or have included in their
labor codes provisions on workmen’s compensation.
The fact that no regulatory decrees are given in certain instances
does not signify that the country has not passed them, but merely
that this bureau, after repeated efforts, has been unable to secure a
copy of the text thereof.
Legislation of South and Central American Countries
The compensation laws have been translated by the bureau from
the original Spanish and Portuguese (in the case of Brazil) texts
obtained through the State Department from the American con
sulates in the respective countries.
Scope of the Laws
Employments Covered
There is a great variation in the laws as regards industries covered,
and no law undertakes to cover all employments. However, of the
countries which give detailed lists thereof, and many give them in
the minutest detail, all include mining and quarrying, work in fac
tories, workshops, and agricultural pursuits in which mechanical
power is used, and construction work. Work in gas and electric
plants and in telephone and telegraph establishments are generally
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included, as are also longshore operations and work in establishments
manufacturing or using poisonous, unhealthful, explosive, or inflam
mable substances. Transportation operations, whether by land or
water, are regarded as hazardous employments by Argentina, Brazil,
Chile, Colombia, Costa Eica, Cuba, Ecuador, Guatemala, Panama,
Paraguay, Peru, Salvador, and Uruguay.
Practically all of the laws contain provisions stating that appren
tices, even though not earning a wage, have the same rights and are
entitled to the same benefits under the compensation law as other
employees.
Employers Exempted
Four countries, Chile, Cuba, Nicaragua, and Venezuela, exempt
employers having less than 5, 6,15, and 25 workers, respectively, from
paying compensation, while Peru stipulates that mining enterprises
employing 35 workers or less are exempt.
Employers in Colombia whose capital stock is less than 1,000 gold
pesos are exempt, and also those in Bolivia having a capital of less
than 20,000 bolivianos. except where there is a special agreement
between the employer and the worker.
Employees Not Covered
Employees whose employment is casual and not in the usual course
of the employer’s trade or business are excluded by many of the laws.
Employees receiving above a designated wage or salary are sometimes
excluded in the compensation laws, although the general practice in
the Latin American countries is to place a maximum on the amount
of the annual wrages on which the compensation is to be based. Such
limits have been set by the following countries: Argentina (3,000
pesos per year), Bolivia (3,600 bolivianos per year), Brazil (2,400
milreis per year), Chile (3,000 pesos per year), Colombia (3 pesos
per day), Costa Kica (10 colons per day), Cuba (1,095 pesos per
year), Ecuador (3,600 sucres per year), Nicaragua (1,200 cordobas
per year), Peru (120 gold libras per year), Uruguay (750 pesos per
year), and Venezuela (600 bolivars per month).
Injuries Covered
The compensation laws are limited, not only as to employments
covered and persons compensated but also as to injuries covered. The
laws generally specify that employers are liable for accidents suffered
by their employees and workers w7hile performing their work, and
arising out of or in the course of such employment.
The compensation laws of Costa Rica and Cuba define an indus
trial accident as a bodily injury sustained by a worker in the course
of or arising out of the work. The Colombian law restricts the mean
ing still further by defining it as an unforeseen and sudden occur
rence arising out of and in the course of the work which causes to the
one performing the work a temporary or permanent bodily injury or
functional disturbance not due to any fault on the part of the
worker.
Injuries are not compensable in the various countries when they are
due to force majeure not connected with the nature of the work, or.
SOTTTH AND CENTRAL AM ERICAN COUNTRIES
3
to the employee’s intoxication, to violation of safety rules, or to the
employee’s willful intention to bring about the injury.
The laws of the following countries make specific provision for
compensating occupational diseases: Argentina, Bolivia, Brazil,
Chile, Colombia, Costa Rica, Ecuador, Guatemala, Nicaragua, Para
guay, and Venezuela. Occupational diseases are generally defined
as those contracted exclusively during the course of the work and
due to the nature of the said employment, resulting in the death of the
worker or his incapacity.
Waiting Time
Eleven of the 16 laws (all except Brazil, Chile, Peru, Salvador, and
Venezuela) require a minimum duration of disability as a condition
to the payment of compensation benefits, the period varying from six
days in Argentina, Bolivia, Ecuador, and Guatemala to two weeks in
Cuba. This does not apply to medical and pharmaceutical attention,
which is to be provided at once.
Compensation Benefits
Basis of Compensation
The compensation scale is usually based upon the earnings of the
injured employee. In general, the disabled employee’s average wages
earned during a prescribed period preceding the injury are used as
the basis for determining the amount of compensation.
Death
The methods employed in determining compensation for death
vary. The laws of Brazil and Ecuador provide for amounts equal
to the annual wages of the deceased for three years, while Bolivia,
Panama, Salvador, and Venezuela grant amounts equal to two years’
wages, the latter fixing a maximum of 15,000 bolivars. The Colom
bian law specifies one year’s wages, and those of Argentina and Para
guay provide a death benefit equal to the wages ox the deceased for
a period of 1,000 days. Bolivia. Brazil, Ecuador, and Panama re
quire the death benefits to be paid in a lump sum, although in
Panama the employer may elect to pay the heirs of the deceased
pensions equal to 50 per cent of the wages of deceased for six months,
if sufficient guaranties are given. Although the Salvadorean law
grants two years’ wages when a widow and children survive, the
benefit is reduced to one year when the widow is the sole survivor.
The laws of Chile, Costa Rica, Cuba, Gautemala, and Uruguay
require employers to pay to the surviving spouse life pensions of 20
per cent of the deceased employee’s annual wages, and in Peru a pen
sion equivalent to 11 per cent of the wages is fixed. The pensions
granted to the surviving minor children vary according to the
number of children and whether there is a surviving spouse. For
instance, in Costa Rica and Uruguay if one minor child survives the
pension will be 15 per cent of the deceased employee’s annual wages;
25 per cent if there are two children; 35 per cent if there are three;
and 40 per cent if there are four or more. I f there is surviving
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COMPENSATION" LEGISLATION
neither father nor mother, the pension may be as much as 20 per
cent of the annual wages xor each of the minors. Besides compen
sating the surviving spouse and the minor children, practically all of
the laws make provision for other descendants and ascendants if they
were living with and dependent upon the deceased at the time of the
accident.
The benefits to minor children and descendants terminate when
they become of age and those to the widow if she remarries or leads
an immoral life.
In addition to the preceding benefits, all of the countries require
the employers to pay the funeral expenses. Eleven laws specify
definite amounts, while in Panama the amount depends upon the
worker’s social position; in Colombia it specifies merely, “ the neces
sary funeral expenses,” and in Peru an amount equivalent to two
months’ wages of the deceased.
Permanent Total Disability
Compensation for permanent total disability also varies consider
ably. The laws of Argentina and Paraguay provide that 1,000 days’
wages shall be paid to workers for permanent total disability.
Bolivia, Brazil, Colombia, Ecuador, Panama, Salvador, and Vene
zuela pay benefits ranging from one year’s wages (Colombia) to three
years’ wages (Brazil) for permanent total disability; Costa Rica,
Cuba, and Uruguay provide that compensation payments amounting
to two-thirds, Chile and Guatemala 60 per cent, and Peru 33 per
cent of the injured worker’s previous wages shall continue for the
full period of his life.
Permanent Partial Disability
The laws of Bolivia, Chile, Ecuador, Panama, and Venezuela
provide benefits for permanent partial disability ranging from one
year’s wages, to be paid in a lump sum, in Panama to two years’
wages in Chile and Ecuador. In Colombia the injured worker
receives his full pay for from 90 to 140 days, depending on the
degree of disability. In Argentina, Nicaragua, and Paraguay the
employer is required to pay one thousand times the reduction in the
injured worker’s daily earning capacity or wages. In Salvador the
employer must furnish the worker other suitable employment with
equal pay. In Costa Rica, Cuba, and Uruguay a life pension of
one-half and in Peru of 33 per cent of the difference between the
wages which he had been receiving and those which he receives after
he takes up another occupation is to be awarded. In cases of perma
nent partial disability in Guatemala the injured worker shall be
entitled to an annuity of not to exceed 60 per cent of his wage,
while in Brazil the benefits range from 5 to 60 per cent of the amount
for permanent total disability, according to nature and extent of the
disability.
Temporary Disability
Eleven of the countries— Argentina, Bolivia, Chile, Costa Rica,
Cuba, Ecuador, Guatemala, Nicaragua, Panama, Salvador, and
Uruguay— have provisions in their compensation laws requiring
SO U TH AND CEN TRAL AM ERIC AN COUNTRIES
5
employers to grant their workers who are temporarily disabled half
pay from the time of the injury until they are able to return to work,
providing the disability does not last longer than one year. I f it
exceeds this time, benefits for permanent disability shall be awarded
to the employee. The laws of Colombia and Paraguay specify that
workers who are temporarily disabled shall receive two-thirds of the
wages they were earning at the time of the accident. A dis
tinction is made in the laws of Brazil, Peru, and Venezuela between
temporary total and temporary partial disability. For the latter,
employers in Brazil and Peru are required to pay one-half of the
difference between the wage earned before the accident and that
which he earns as a result of his diminished working capacity until
he has regained his normal ability. For temporary total disability,
employers in Brazil shall grant half pay and those in Peru 33 per
cent of the wage for a period not exceeding one year. For temporary
total disability the Venezuela employer is required to pay the injured
worker his regular wages during the disability, for a period not to
exceed six months; in case of temporary partial disability the worker
will be entitled to compensation based on his wages, the loss of
earning capacity due to the accident, and the duration of the
disability.
Medical Service
A ll of the compensation laws of the Latin American countries
make definite provision that employers furnish injured employees
with medical and pharmaceutical attention until the latter are able
to return to work, or until, in the opinion of the attending physician,
they are no longer in need of such aid.
In practically all of the countries the employer selects the physi
cian, but in many of them the employee may, if he so desires, choose
his own physician; in such case, however, the employee must pay
either for the cost of such service or for any amount over that set
by the judge or by a prescribed scale of fees, and the employer is fre
quently given the right to have his own physician visit the injured
worker.
Limitation of Time for Claim
Limitations are placed on the time in which claims for compen
sation may be made in all the laws except that of Guatemala,
varying in length from one year to two years (Brazil, Chile, and
Salvador) from the date of the accident. In Costa Kica and
Panama, after the time limit under the compensation law has expired,
an action for damages under the general laws may be brought.
Settlement of Compensation Claims
Nearly all the Latin American compensation laws provide for the
settlement of compensation claims by agreement between the parties,
and in case the employer and the employee fail to reach an agree
ment existing machinery is utilized for the making of compensation
awards. Thirteen of these ^Republics (Argentina, Brazil, Chile,
Colombia, Cuba, Ecuador, Guatemala, Panama, Nicaragua, Para
guay, Peru, Salvador, and Uruguay) provide that employees’ claims
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CO M PEN SATIO N LEGISLATION
shall be brought before the civil courts for adjudication, while in
Costa Rica a superior court of arbitration handles such matters,
though the parties have the right to take their case to the ordinary
courts if they wish. The Argentine regulatory decree applying to
the Federal capital and the National Territories empowers the
Department of Labor to mediate, and provides that disputes which
can not be settled by mediation shall be taken before the district
judge and tried by summary proceedings. The laws in two countries
specify that disputes concerning compensation shall be heard by the
executive authorities, i. e., the National Department of Labor in
Bolivia, and the respective executive authorities in the various States
in Venezuela.
In Argentina the employee may elect to bring suit either under
the compensation law or the general laws. In Brazil, Chile, Costa
Rica, and Ecuador acceptance of rights under the compensation law
does not preclude the bringing of actions under the general laws for
damages not covered by the compensation law.
The right to appeal is specifically provided for in the laws of
Chile, Costa Rica, Peru, Uruguay, and Venezuela. The appeal is
generally to the higher courts, but in Costa Rica the award of the
superior court of arbitration may be appealed to the executive au
thority, and in Venezuela a case may be appealed by either party
to the Minister of Interior Relations, whose decision is final, but if
either employer or employee does not wish to submit the case to
arbitration in this manner it may be appealed to the courts. The
Chilean law makes special provision that appeals in compensation
cases shall take precedence over other cases on the docket.
Revision of awards because of change in the condition of the
injured person, such as an increase or decrease in the disability or
his death, is provided for by the laws of Brazil, Costa Rica, Peru,
and Uruguay.
Actions against third parties responsible for the accident causing
the worker’s disability may be brought under the laws of Argentina,
Chile, Costa Rica, Ecuador, Paraguay, Peru, and Uruguay, the
amount recovered over the amount the employer is responsible for
under the compensation law accruing to the injured employee.
In Chile, Colombia, Costa Rica, Guatemala, and Uruguay the laws
specify that in compensation cases there shall be no court costs for the
injured worker, and the Brazilian law provides for a 50 per cent
reduction in court fees, while the laws of Argentina, Panama, and
Paraguay give the privilege to injured employees of suing in forma
pauperis, thus saving such workers from the heavy expense ordinarily
incurred in court trials.
Reporting of Accidents
With the exception of Panama and Venezuela, all the countries
have written into their compensation laws or regulations provisions
requiring the employer, the employee or his representative, or both,
to report to some official of the labor office, or to some judicial or
political authority, the occurrence of an accident. In some instances,
reports of accidents are transmitted through the local police or
'udicial authorities, and in such cases, as in Brazil, Ecuador, and
^eru, they must verify the facts contained in the original accident
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SO U TH AND CEN TRAL AM ERIC AN COUNTRIES
7
report filed with them before transmitting such report. In Venezuela
the injured worker must report the accident to the employer.
The time limits within which accident reports must be filed by
employers vary from immediate notice to 30 days. The Peruvian
law demands immediate notice, and the law of Salvador notice within
12 hours; the laws of Argentina, Colombia, Costa Eica, Cuba, and
Nicaragua require notice within 24 hours; the law of Ecuador within
48 hours; that of Bolivia within 3 days; that of Uruguay before the
fifth day; that of Chile within 5 days; and that of Paraguay within
30 days. When employees are required to report accidents, the time
within which they must do so varies from 24 hours in Venezuela to
30 days in Argentina.
It is provided that accident reports be furnished to the authorities
in detail, since they serve as the basis for awards in compensation
matters. In general, these reports must contain the name and ad
dress of the injured worker, his heirs and dependents, in case of
death, the name of the employer, the occupation and wage rate of
the injured worker, the nature of the injury and the probable duration
of the disability, and the names of witnesses. Physicians5 certificates
are a part of the accident report; in certain countries provision is
made for a further medical examination by a physician appointed
by the court when dispute arises in the course of the trial, in which
case the report of the physician so appointed forms the basis of the
compensation award.
Security of Payments
Fourteen of these 16 countries permit employers to insure their
compensation risks with an insurance company, mutual association,
or Government fund, while the other countries (Paraguay and
Venezuela) have no provision on this point. In Costa Eica and
Uruguay employers must insure in the Government insurance bank.
In Guatemala the payment of compensation is made through coopera
tive or mutual-aid funds, to which the workers contribute from 2 to
3 per cent of their wages, according to locality, and even as much as
4y2 per cent if women and children are employed, and the employer
contributes half as much more. These funds are administered by
an executive board, two-thirds of whose members are employees and
one-third are employers.
The laws of Bolivia, Brazil, Chile, Colombia, Costa Eica, Cuba,
Ecuador, Panama, Peru, and Salvador state that the cost of the in
surance must be borne by the employer. Those of Argentina, Bolivia,
Chile, Colombia, Ecuador, Panama, Peru, and Salvador require that
in case of such insurance the benefits under the policy must not be
less than those provided by the law.
Insurance companies writing compensation insurance are subject
to the supervision of the authorities in the respective countries in
which they operate. Some laws have additional safeguards, such as
that insurance companies invest a certain sum in Government bonds,
that they deposit securities as a guaranty of financial responsibility,
that they open their books for inspection, etc. Certain laws— i. e.,
those of Argentina, Brazil, Chile, Cuba, Peru, and Salvador— require
the carrier to keep the compensation funds separate from other funds.
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Administration
In most Latin American countries the administration of the work
men’s compensation act is intrusted to an executive branch of the
National Government, such as the following: Argentina, National
Department of Labor; Bolivia, Minister of Finance and Industry;
Chile, General Labor Office; Cuba, Department of Agriculture, Com
merce, and Labor; Ecuador, Ministry of Labor and Social Welfare;
Guatemala and Peru, Ministry of Public Works. In Costa Rica,
provincial authorities administer the law, but in case of noncom
pliance with their obligations the Ministry of the Interior may be
appealed to while in Panama the Executive Authority appoints
labor officials to administer the law. In Salvador, the Attorney
General and boards of conciliation are intrusted with administration
of the law.
Legislation of the Mexican States
The Mexican Government has drawn up a bill for a Federal Labor
Code which, if approved as a law, would make uniform the applica
tion of article 123 of the Mexican Constitution of 1917 and would
supersede the various State laws.
For various reasons the approval of the bill has been delayed and
considerable doubt has been expressed as to its ultimate passage. It
is thought advisable therefore to publish the State workmen’s com
pensation laws which are in effect at the present time. Twenty-four
of the 28 Mexican States (all except Guerrero, Mexico, Morelos, and
Tlaxcala) have either enacted special workmen’s compensation laws,
as Nuevo Leon, San Luis Potosi, Sinaloa, Sonora, and Vera Cruz, or
have included in their labor codes provisions dealing with workmen’s
compensation. The 24 State laws which have been translated by this
bureau from the official Spanish texts obtained through the courtesy
of the governors of the various States, are as follows: Aguascalientes,
Campeche, Chiapas, Chihuahua, Coahuila, Colima, Durango, Guana
juato, Hidalgo, Jalisco, Michoacan, Nayarit, Nuevo Leon, Oaxaca,
Puebla, Queretaro, San Luis Potosi, Sinaloa, Sonora, Tabasco,
Tamaulipas, Vera Cruz, Yucatan, and Zacatecas.
Section X I V of article 123 of the Federal Constitution of Mexico
forms the basis for these laws, being as follows:
Employers shall be liable for industrial accidents and occupational diseases
arising from work; therefore, employers shall pay the proper indemnity, accord
ing to whether death or merely temporary or permanent disability has ensued,
in accordance with the provisions of law. This liability shall remain in force
even though the employer contract for the work through an agent.
Compensation Benefits
Basis of Compensation
In practically all of the Mexican States the worker’s wages at the
time of the injury are used as the basis for determining the amount
of compensation. In Puebla the employee’s average wages earned
during the last four weeks of normal work are used. In Campeche
and Chihuahua the worker’s average weekly wage on which the com
pensation is based is limited to a maximum of 35 pesos and a mini
M EX ICAN STATES
9
mum of 6 pesos. The laws of Tamaulipas and Vera Cruz provide
that the daily wage on which the compensation is based shall be not
less than 1 peso, even in the case of apprentices who receive no re
muneration or of workers who earn less than that amount; while
those of Chiapas, Colima, and Jalisco provide that the basic wage
for compensation purposes must be not less than the minimum wage
as fixed by the minimum-wage commissions. Aguascalientes speci
fies that compensation shall be based on the maximum wage for the
year preceding the accident, but not to exceed 1,000 pesos per year.
Death
Six of the Mexican States— Aguascalientes, Chiapas, Durango,
Tamaulipas, Vera Cruz, and Zacatecas— provide death benefits in
an amount equal to two years’ wages, but in the case of Tamaulipas
and Vera Cruz it is stipulated that disability compensation paid the
worker before death may be deducted therefrom. In Coahuila the
law specifies that death benefits shall be equal to 900, in Hidalgo to
624, in Guanajuato (agricultural workers) to 300 days’ wages, and in
Campeche and Chihuahua to 150 weeks’ wages, while in Colima,
Guanajuato (mine workers), and Nayarit the amount is equal to
one year’s wages. Compensation for death varies in San Luis Potosi
according to the amount of the company’s capital, one year’s wages
being paid if the capital is between 10,000 and 50,000 pesos and two
years’ wages if it exceeds 50,000 pesos. A somewhat similar ar
rangement is found in Chihuahua, Hidalgo, Sinaloa, Sonora, Ta
maulipas, and Zacatecas, where provision is made whereby smaller
concerns pay only a certain fixed proportion of the usual compensa
tion allowance. I f the worker’s death is due to an industrial acci
dent, two years’ wages are paid in Tabasco while only one and onehalf year’s wages are paid if it is the result of an occupational dis
ease. The board of conciliation and arbitration fixes the compen
sation in Sinaloa. Death benefits paid under the laws of Oaxaca
and Yucatan vary according to the worker’s length of service. Five
State laws— Jalisco, Michoacan, Nuevo Leon, Puebla, and Queretaro— provide for compensation varying in amount with the conjugal
condition and the number of children of the deceased. The law
of Sonora pays 50 per cent of the average weekly wage for 300 weeks.
Benefits to children are generally payable until they reach the age
of 16 years, but many laws provide that the benefits shall not cease
if, at the age named, the recipient is mentally or physically incapaci
tated for earning a living. Many of the State laws examined per
mit benefits to be paid to ascendants if they have been dependent
upon the deceased, and if there are neither spouse nor descendants.
Employers must pay, in addition to the above-mentioned benefits,
the funeral expenses, the allowance therefor ranging from a mini
mum of 20 pesos in Queretaro to 100 pesos as a maximum in Chiapas,
Coahuila, Hidalgo, and San Luis Potosi, while in Nayarit, Tamauli
pas, and Vera Cruz one month’s wages are allowed.
Permanent Total Disability
Compensation benefits for permanent total disability range from
one year’s entire wages in Colima and two years’ wages in Chiapas,
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W O R K M E N ’ S COMPENSATION LEGISLATION
Durango, Michoacan, Nuevo Leon, Queretaro, and Zacatecas to four
years’ wages in Aguascalientes, Tamaulipas, and Vera Cruz. In
Campeche and Chihuahua the employer pays benefits equal to 175
weeks’ wages and in Hidalgo to 624 days’ and in Coahuila to 900 days’
wages (with a maximum limitation of 5,000 pesos). In Tamaulipas
and Vera Cruz the employee, at his option, may receive either a life
ension at half pay or an amount equal to four years’ wages, while in
'ayarit compensation equal to one-half of the worker’s wages for a
period of two years is paid. I f the employee has worked for the same
employer over two years in Tabasco and three years in Yucatan, he
receives five years’ wages, but if less than two years an amount equal
to two years’ pay. I f a worker in Puebla is permanently and totally
incapacitated as regards his regular work, he receives 18 months’ pay,
whereas if his incapacity prohibits him from doing any work, he
receives two years’ wages.
S
Permanent Partial Disability
The laws of Campeche, Chiapas, Chihuahua, Coahuila, Hidalgo,
Sonora, Tamaulipas, Yera Cruz, and Zacatecas contain schedules of
specified partial disabilities for which benefits are awarded for stated
periods. The law of Sinaloa contains a list of permanent partial dis
abilities for the use of the municipal or State boards of conciliation
in fixing the amounts of compensation.
In some States benefits for permanent partial disability differ from
other benefits in that a choice is given, in some cases to the employer
and in others to the employee, as to how the benefits shall be paid.
For instance, in Puebla and Queretaro the employer, at his option,
may either pay benefits equal to one year’s or to one and one-half
years’ wages, respectively, or furnish the employee with other suit
able employment at equal pay. In Michoacan, Tabasco, and Yucatan
the employee may decide whether he desires other work at the same
wage or an amount equal to one year’s wages. In Durango the em
ployer is required to furnish the injured worker other suitable em
ployment with equal pay and may not discharge him for a period of
two years from the time of the accident. An injured worker in Nuevo
Leon shall receive an amount varying from 20 to 40 per cent of his
previous wages, not to continue, however, longer than one and onehalf years.
Benefits for permanent partial disability in Jalisco range from
six months’ to 1 year’s wages, while in Aguascalientes, Colima, and
Nayarit they are equal to two years’, six months’, and one year’s
wages, respectively. No specific amount of compensation is stated
in the law of San Luis Potosi, which merely provides that the amount
shall be fixed by a mutual agreement between the employers and the
injured workers according to the seriousness of the injury.
Temporary Disability
O f the 24 Mexican States whose compensation laws are covered
by this study 14 provide for the payment to the worker of his
regular wages during the period that he is temporarily incapacitated
for work due to an industrial accident or occupational disease. In
these States there is no “ waiting period ” required, the payments
M E X IC A N STATES
11
beginning at once and continuing as long as the disability exists, or
until the worker is classed as permanently disabled, when the pro
visions for permanent total or partial disability apply. The laws
of Michoacan, Nayarit, Nuevo Leon, Queretaro, Sinaloa, and Sonora
provide for payment of 50 per cent and those of Hidalgo 75 per cent
of the regular wages under the same conditions as above, except that
in Sinaloa and Sonora the payments do not begin until two weeks
after the accident. In Campeche and Chihuahua, the regular wages
are paid for two months and two weeks, respectively, and one-half
the regular wages thereafter until recovery. The States of Cam
peche, Chihuahua, Sinaloa, and Sonora further establish a minimum
compensation of 6 pesos and a maximum of 20 pesos per week.
Medical Service
By the compensation laws of 23 States the employer is required to
pay the cost of the necessary medical service and medicines for
workers injured in an industrial accident or suffering from an oc
cupational disease, including all necessary care and attention from
the time of the injury until recovery. In Nayarit the provisions of
the general labor law, which requires employers to provide medical
service, or at least medicines, apply in any proved case of sickness
or injury.
Limitation of Time for Claim
Limitations are placed on the time for filing compensation claims
ranging from one year in Colima and Oaxaca to five years in Jalisco
and Vera Cruz.
Reporting of Accidents
Definite provision is made in the laws of nine States fixing the
responsibility for the reporting of accidents to the proper authority.
In Vera Cruz and Tamaulipas the employer and the worker or his
representative are held equally responsible for making the report,
but in the other seven States the employer is solely responsible. The
report must generally be made to the municipal authority within 24
hours after the accident, but in Yucatan a period of 48 hours is
allowed, and the Labor Exchange is the authority designated to
receive the report, while both the municipal authority and the Bu
reau of Labor and Social Welfare in Puebla and the Department of
Labor in Guanajuato must be notified.
Form of Payment— Security— Insurance
Direct payments by employer to employee, either in a lump sum
or in the same manner that wages were paid, is the prevailing pro
cedure in accordance with the Mexican State laws. For example,
the laws of Aguascalientes, Coahuila, Michoacan, and Queretaro
specifically provide for payment in a lump sum although Coahuila
allows 120 days time and a division of the total into two partial
payments. Hidalgo, while requiring insurance, also stipulates pay
ment of the amount in a lump sum. In Nuevo Leon compensation
13494°—30----- 2
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WORKMEN *S COMPENSATION LEGISLATION
must be paid as wages. The employer is permitted to discharge his
compensation liabilities by a life annuity, subject to certain con
ditions, in Aguascalientes, Puebla, Tamaulipas, and Yera Cruz.
Security in the form of a bond or mortgage is required in Aguascali
entes, Oaxaca, and (for annuities) in Puebla. Insurance does not
seem to be a popular method of liquidating compensation liabilities,
as it is required to the exclusion o f other methods in one State only,
Eidalgo. It is, however, made optional with employers in Aguas
calientes, Campeche, Colima, Guanajuato, Jalisco, Puebla, Tamaul
ipas, and Yera Cruz, and is required in the last-named State of all
employers whose working capital is less than 10,000 pesos, or whose
workers (20 per cent or more) demand it. No State compensation
funds have as yet been established, but State insurance is contem
plated in Hidalgo under the new Labor Code (1928).
Administration
The administration and enforcement of the compensation law is
generally intrusted to the municipal and State boards of conciliation
and arbitration, but most States specifically provide that no inter
vention of any authority is necessary where the interested parties
can agree on the amount of compensation and form of payment, and
the boards or other authorities intervene only in the settlement of
differences or to enforce payment when such payment is not made
promptly by the employer. In Aguascalientes, Coahuila, and Oaxaca,
however, the intervention of the board is required, and in Durango
compensation for death must be paid with the intervention and in
the presence of the board. The civil courts have jurisdiction in
Nuevo Leon, and in Campeche, Chihuahua, and Colima judicial inter
vention is provided for, while in Puebla claims for final compensa
tion must be brought under the civil law. In Guanajuato the State
Department of Labor, with the aid of the municipal executives, en
force compensation payments and investigate conditions. Campeche
and Chihuahua stipulate that attorneys representing workers in com
pensation cases may not charge more than 5 per cent of the compen
sation for their services; in Sonora no charge is permissible, while in
Colima and Sinaloa State and municipal attorneys are required to
aid workers without charge. Medical boards or special technical
committees subordinate to the Board of Conciliation and Arbitra
tion are established in Hidalgo, Oaxaca, Sinaloa, and Sonora to give
expert advice and make decisions on technical questions in connec
tion with disability and occupational diseases, and in Tamaulipas
and Vera Cruz questions of this nature are referred to the State
health authority.
TEXT OF LEGISLATION
SOUTH AND CENTRAL AMERICAN COUNTRIES
ARGENTINA
L A W NO. 9688 OF OCTOBER 11, 1915
Chapter 1.—Liability for accidents
Article 1. All employers, whether individuals or corporations, who have
charge o f work carried on in the industries and enterprises referred to in
the follow ing article shall be liable fo r accidents suffered by their employees
and workers while perform ing their work, whether arising out o f or in the
course o f such employment or due to a fortuitous occurrence or to force
majeure connected with the nature o f the work.
Art. 2. W orkers and employees whose annual wages do not exceed 3,000 p esos1
and who render services in the follow ing industries and occupations are the
only ones covered by this la w :
(1 ) Factories, workshops, and industrial establishments in general where
power other than man power is used in the w o r k ;
(2 ) Construction, maintenance, and repair o f buildings, railroads, harbors,
dikes, canals, and similar w orks;
(3 ) Mines and quarries;
(4 ) Transportation, loading, and unloading;
(5 ) M anufacture or use o f explosives or inflammable m aterials and o f
electricity;
(6) Forestry and agriculture, but only persons engaged in transportation by
or operation of engines;
(7 ) Installing, repairing, or removing telegraph or telephone systems or
lightning r o d s ;
(8) All similar industries or enterprises not included in the preceding enu
meration which, on the recommendation o f the National Department o f Labor,
shall have been declared by the Executive Authority, at least 30 days prior to
the occurrence o f the accident, to be included.
A rt. 3. Compensation under this law fo r accidents causing disability shall
be paid only when the disability exceeds six working days.
A rt. 4. The employer is exempt from all liability for industrial accidents
in the follow ing cases: (a) W hen it has been intentionally caused by the
injured worker or is due to his own misconduct, (6 ) When it is due to force
majeure extraneous to the work.
The employer shall likewise not be liable to the heirs o f a deceased worker
if the latter intentionally caused the accident or brought it about by his own
misconduct.
A rt. 5. It shall be presumed that the employer is liable fo r all accidents
occurring as specified in article 1 o f this law without other exceptions than
those specified in the preceding provision.
A rt. 6. The employer is liable even when the worker does his w ork under
the direction o f a contractor on whom the form er depends to carry on the
industry. However, in forestry or agriculture the contractor alone is directly
and exclusively liable fo r accidents due to the use o f machinery operated by
mechanical power which is owned by him.
A rt. 7. Employers may discharge their obligations as regards compensation
by taking out insurance in favor o f the employees or workers in an insurance
*1 peso (national currency) at par ==42.45 cents.
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company or in an employers’ mutual association complying with the require
ments set forth hereafter, provided the benefits are not less than those fixed
in this law.
Chapter 2.—Compensation
Art. 8. The following shall be taken into account in fixing the amount of
compensation:
(a)
If the accident causes the worker’s death, the employer is required to pay
the funeral expenses, which shall not exceed 100 pesos, ancl, in addition, to com
pensate the family of the deceased with an amount equivalent to the latter’s
entire wages for the last 1,000 days’ work but never more than 6,000 pesos
(national currency). If the deceased worked less than 1,000 days with the em
ployer who is liable, the compensation shall be computed by multiplying by
1,000 the average daily wage which the deceased received during the time he
worked for said employer. For the purposes of this law, by “ family ” will be
understood the surviving spouse and the minor children of the deceased.
Grandchildren up to 16 years of age, ascendants, and brothers and sisters until
they reach the age of 16 years, shall be considered as a part of the family, but
only if on the date of the accident they were living under the care of and
supported by the deceased.
The compensation shall be considered as community property and shall be
distributed among the heirs in the proportion and manner established in the
Civil Code.
(&) For permanent total disability, the injured worker shall receive a sum
equal to that fixed in the preceding section.
(c) For permanent partial disability, the compensation shall be a sum equal
to one thousand times the reduction in daily earning capacity resulting from
the accident.
(d) For temporary disability caused by the accident, one-half of the average
daily wages shall be paid as compensation from the day of the accident until
the injured worker is in a condition to return to work, computing it on his
earnings during the last 12 months. After one year the disability shall be
considered as permanent from the day of the accident for the purposes of com
pensation, from which must be deducted the amounts paid for temporary
disability.
Art. 9. The liability under this law of employers, insurance companies, or em
ployers’ [mutual] associations for accidents shall be discharged only by their
depositing, in the name of the injured worker or his heirs, the amount of the
compensation in a special division to be established under the National Fund
for Annuities and Pensions, which shall invest the amount of said compensation
in Government bonds and shall pay monthly the annuities to those entitled
thereto.
Art. 10. Employers or insurers must deposit in a special fund of said division,
which shall be called the “ Guaranty Fund ” : (a) Compensation due on account
of death, where the deceased worker leaves none of the dependents specified in
articles 8 and 14 of this law; (&) pensions created in conformity with the
preceding article, the beneficiaries of which have died without leaving any of the
heirs specified in article 8; (c) the amount of the compensation or pensions
belonging to foreigners who have left the country; (d) fines imposed for failure
to comply with this law.
The resources of this fund shall be used exclusively (1) to pay the expenses
of the accident division; (2) to pay compensation left unpaid by reason of a
judicial decree of absolute insolvency of the employer, provided the injured
worker has begun his action within one month after the accident and has
proceeded with all the diligence necessary to establish his right.
Art. 11. For the purposes of this law, by “ annual wage ” shall be understood
that received by the worker during the year preceding the accident from the
employer for whom he was working, and by “ daily wage ” the amount obtained
by dividing the annual wage by the number of working days during the year.
If the worker has not been employed for the entire year, the daily wage shall
be computed by dividing the worker’s earnings during the time he worked by
the actual number of days he worked.
If the injured person is an apprentice, the compensation shall be computed
on the basis of the lowest earnings of workers in the same industry and class
as the apprentice.
TEXT OF LAW S---- ARG EN TIN A
15
Art. 12. For the purposes of the preceding provisions, the Executive Authority
shall determine, in regulations under this law, the injuries which shall be con
sidered total disability and those which shall constitute partial disability, taking
Into consideration, when there are two or more injuries, the age and sex of the
injured worker.
Art. 13. Compensation benefits for industrial accidents may not be attached,
nor are they transferable, negotiable, or subject to waiver, and they shall enjoy
all the immunities and privileges accorded by the civil and commercial laws to
allowances.
Art. 14. A worker who has suffered an accident causing temporary incapacity
to work shall lose his right to continue receiving the part of his wages accorded
him by the law from the day he leaves the country, and the heirs of a foreign
workman shall not receive any compensation if at the time of the accident
they were not living in the country, unless reciprocity has been established by
international agreements or treaties.8
C h apter
3.—Action for compensation
Art. 15. The judge of the place where the accident occurred or that of the
residence of the defendant, whichever the plaintiff chooses, shall be competent
to try actions for compensation for industrial accidents in the capital and
National Territories, summary procedure being followed.
Art. 16. The representative of the General Office for Incompetents shall be
empowered to receive in his jurisdiction the amounts to be turned over to the
guaranty fund, created in conformity with this law, for which purpose the
authorities shall inform him of the accidents which require his intervention.
Art. 17. Workers and employees to whom this law refers may choose be
tween bringing a special action for compensation under this law or an action
under the common law for fraud or neglect on the part of the employer. How
ever both are exclusive and the initiation of one of them or the acceptance
of any sum thereunder shall of itself constitute a surrender of the rights under
the other.
Art. 18. In addition to his right of action against the employer or contractor,
the injured worker or his representatives shall have a right of action against
a third party for damages for injury caused by him, in accordance with the
principles of the Civil Code. By “ third party ” is understood one who is not
connected with the industrial operation, thus excluding from this class the
employer and his workers or employees.
The compensation obtained from a third party in conformity with this pro
vision relieves the employer of his liability for such part as was paid by the
said third party.
Actions against third parties may be brought by the employer at his own
expense and in the name of the injured worker or his heirs, if the latter have
not brought such action within eight days after the accident.
Art. 19. Actions under this law must be brought within one year after the
accident.
Art. 20. Accident insurance companies or employers’ [mutual] associations
which seek to assume for employers their obligations under this law must be
licensed by the Executive Authority of the Nation or of the Provinces, and be
organized in conformity with the following principles:
(а) They shall deposit 50,000 pesos (national currency) in the Bank of the
Nation, to be invested in Government bonds, which can not be withdrawn as
long as the insurance company has insurance policies in the country;
(б) Insure their obligations to pay compensation in conformity with the
provisions of this law, fixing the scale of premiums on this basis;
(c) Constitute a reserve fund, based on the amount of insurance written, as
fixed by the Executive Authority in the regulations;
(d) Exclude all clauses of forfeiture with respect to the injured worker or
his heirs;
2 Practically identical conventions have been signed by Argentina with Austria, Belgium.
Denmark, Italy, Spain, Sweden, and Yugoslavia providing for the reciprocal treatment or
their nationals as regards compensation fo r industrial accidents suffered by workers
resident in the contracting countries. These agreements provide that workers o f one
o f the contracting countries injured in the territory o f the other, as well as their heirs,
shall have the same right to compensation and other benefits which the local law concedes
to its nationals, and this provision holds even if the injured workman or his heirs
subsequently leave the country where the accident occurred.
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(e)
Separate completely tlie workmen’s compensation insurance from other
business handled by the company;
Art. 21. In case of bankruptcy of a company or an employers’ [mutual]
association which has handled compensation insurance for the workers or the
employer who owes the compensation, the funds set aside for its payment shall
not become a part of the general fund, but shall be returned to the insured
employer in the condition in which they were at the time of the bankruptcy or
be turned over to the fund for retirement annuities and pensions for the crea
tion of a pension.
C h a p t e r 4.—Occupational diseases
A r t . 22. When a worker is incapacitated for work or dies as the result of a
disease contracted in the exercise of his occupation, he shall have a right to
the compensation accorded by this law, under the following conditions:
(a) The disease must have originated exclusively in the work performed by
the worker during the year preceding the disability.
(b) Compensation shall not be paid if it is proved that the worker was
suffering from the disease before entering the employment.
(c) The last employer for whom the man worked during the year referred
to, on the kind of work which caused the disease, shall pay the compensation,
unless it is proved that the same was contracted while in the service of other
employers, in which case the latter shall be liable.
(d) If the disease, owing to its nature, could have been contracted gradually,
the other employers in whose service the worker had been employed during the
last year on the kind of work which caused the disease are liable to the last
employer for a proportionate share of the compensation, to be fixed by arbitra
tors if there is any controversy concerning it.
(e) The employer in whose service a worker is incapacitated by a disease
must report it in the same way as an accident.
Occupational diseases shall be enumerated by the Executive Authority in
regulatory decrees, after a previous report from the technical bureaus, and
liability therefor shall begin 90 days from its determination.
Chapter 5.—General provisions
Art. 23. Any clause which exempts the employer from liability for accidents
or which in any way nullifies the present law is absolutely void.
Art. 24. Agreements made by the injured workers or their heirs with inter
mediaries which, in return for agreed advance remuneration, secure to them
the enjoyment of the rights accorded by this law are also null and void.
A r t . 25. The worker, and in case of his death his heirs, must notify the near
est judicial or police authority of the accident within the period of time fixed
by the Executive Authority, under penalty of a 25 per cent reduction in the com
pensation, except in case of force majeure or other impediment duly proved.
The employer is also required to report the accident within 24 hours after it
has come to his attention, under penalty of a fine of from 50 to 100 pesos. The
National Government authority which receives information of the accident
shall transmit it the same day to the employer and to the office of the National
Department of Labor in the locality of the accident. A similar procedure shall
be required of the Provincial governments on the part of the said officials in
their service.
Art. 26. When an accident occurs for which the employer has no legal
excuse he shall be required to furnish gratuitously medical and pharmaceutical
attention to the injured worker until he is in a condition to return to work,
dies, or is declared permanently disabled, provided the worker agrees to accept
the attention of the physicians appointed by the employer.
A r t . 27. The injured worker or his heirs shall have the right of proceeding
in forma pauperis in the case of legal proceedings to obtain compensation.
A rt. 28. In case of accidents incurred in the service of the National Gov
ernment, legal proceedings may be brought without previous claims being made
through administrative channels.
A r t . 29. The Executive Authority, in issuing regulations under this law,
shall indicate the measures which must be adopted in the capital and the
National Territories to prevent accidents in all work which is dangerous for the
workers. Violations of such regulations shall be punished by a fine of from
50 to 200 pesos, without prejudice to the usual liabilities.
TE X T OP LAW S— ARGEN TIN A
17
A r t . 30. The Executive Authority shall regulate the form in which con
tractors or employers may provide medical attention or care for the injured
workmen through physicians of their own selection.
REGULATORY DECREE OF JANUARY 14, 1916 (FOR FEDERAL CAPITAL
AND NATIONAL TERRITORIES)
A r t ic l e 1. Law No. 9688 shall be in force in the Federal capital and the
National Territories in conformity with the provisions of this regulatory decree.
Chapter
1.—General provisions
A r t . 2. For the purposes of Law No. 9688, by “ industrial accident ” will be
understood one arising out of or in the course of the work, and which causes
either direct or indirect bodily injuries, whether apparent or not apparent,
deep or superficial. Accidents due to a fortuitous occurrence or force majeure
connected with the nature of the work and which cause similar injuries shall
also be considered industrial accidents.
Art. 3. By “ employer ” is understood an individual or corporation which
conducts or operates, with the help of other persons, any of the industries or
enterprises specified in article 2 of the law. An employer’s liability exists
even when the workers are under the immediate direction of contractors whom
the former has intrusted with the operation of his industry or enterprise.
The National Government, the Provinces, and the municipalities are regarded
as employers for the purposes of this article.
A r t . 4. By “ workers ” is understood all those who habitually work for
another as operators or employees in enterprises or industries,* with or without
remuneration, for a wage or by the job, by virtue of an oral or written
contract. Apprentices shall be included in this provision.
Art. 5. The wage which shall serve as the basis for the compensation
accorded by this law is the remuneration which the worker receives in money or
in any other form from the employer in whose service he was when the acci
dent occurred. The daily wage shall be calculated by dividing the annual
wage by the number of working days in the year, but shall not be less than
IV2 pesos (national currency), even for apprentices who receive no remunera
tion or workers who receive less than said amount.
If the worker has not been employed in the establishment where the acci
dent occurred for the entire year, the daily wage shall be calculated by dividing
the earnings of the worker for the time which he worked by the number of
days’ work actually performed.
When an employee works for two or more employers at different hours or
on different days during the year his wage shall be computed as if all his earn
ings were obtained from the employer for whom he was working when the
accident occurred.
A r t . 6. In order to fix the wage when the worker is not paid in money but in
kind, in the use of a house, or in any other form, said remuneration shall be
computed according to its average value in the locality.
If the service is contracted for by the job, the wage shall be calculated
according to what workers receive under similar conditions for doing similar
work to that performed by the injured worker, or, in the absence of such
conditions, the nearest similar conditions.
A r t . 7. In accordance with the provisions of article 2 of the law, the same
shall apply especially to—
(1) Factories, workshops, and industrial establishments in general where
power other than man power is used.
(2) Industries the operation of which, wholly or in part, requires habitually
the use or the action of inflammable, explosive, or volatile substances or mate
rials whose vapors form with the air explosive mixtures, and which shall be
specified in a regulation.
(3) Industries which require the manufacture, transportation, or storage of
one or more materials of the nature indicated in the preceding paragraph.
(4) Navigation of vessels which ordinarily travel from one point to another
in the Republic, or of vessels which travel exclusively in rivers and interior
waters and yet come from foreign parts, provided the accident occurs in juris
dictional waters.
(5) Pleasure-boat service.
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(6) Fishing industry, operating in rivers or interior or jurisdictional waters.
(7) Shipbuilding and dismantling.
(8) Ship chandlery.
(9) Salvaging ships and their cargoes.
(10) Operation of docks for vessels.
(11) Operation of locks and drawbridges.
(12) Work performed in enterprises connected with railroads, street rail
ways, busses, vehicles, and horses.
(13) Work of contractors of loading, unloading, storage, weighing, trans
portation, or warehousing of merchandise.
(14) Industries or enterprises of construction, maintenance, repair, and
demolition of buildings, opening and closing of roads, railroads, or street rail
ways, canals, locks, harbors, docks, bridges, dikes, and hydraulic installations.
(15) Diving work.
(16) Work in the laying, repairing, rebuilding, or dismantling of drains, pip
ing, electrical conductors, or lightning rods.
(17) Work of excavating, laying foundations, fencing, dredging, boring, and
digging wells.
(18) Peat industry.
(19) Mine operations and the extraction of iron ore, sand, or gravel.
(20) Operations of stone quarries.
(21) Work in the diamond and other precious stones industry.
(22) Paint and glass industry.
(23) Tapestry and furniture industry.
(24) Stucco work.
(25) Window washing, cleaning of buildings, and work on their facades
and their annexes.
(26) Chimney-cleaning enterprises.
(27) Gas works.
(28) Work in the extraction or utilization of metals, stone, wood, cork, or
rushes.
(29) Gathering and manufacture of straw, when motor power is used.
(30) Manufacture or work on glass, pottery, lime, brushes, leather articles,
India rubber, paper and pasteboard articles, linen, cord, candles, or soap.
(31) Basket-making industry.
(32) Tanning; leather industry.
(33) Shoe manufacture, when machinery is used.
(34) Work performed for manufacturers of stone, floor, or roofing tiles.
(35) Operations of reinforced-cement manufacturers.
(36) Printing and binding.
(37) Salt works.
(38) Pharmacies, and work in the manufacture of chemical products.
(39) Laboratory work in scientific or technical research for industrial pur
poses.
(40) Operation of slaughterhouses and meat markets and work in the manu
facture of meat products.
(41) Preparation of preserved food, or fruit extracts.
(42) Fish dry!ng and salting.
(43) Manufacture of beer and vinegar.
(44) Distillation of fermented beverages and the manufacture of gin and
liquors.
(45) Malt industry.
(46) Mineral-water manufacture.
(47) Manufacture of coffee or chicory sirups (jarabes de caf6 o achicoria).
(48) Manufacture of butter, when a centrifugal machine is used for churn
ing the same.
(49) Melting of grease.
(50) Distillation of oil, lacquers, and varnishes.
(51) Manufacture of sealing wax.
(52) Packing yeast.
(53) Cut-tobacco industry.
(54) Rag sorting.
(55) Street-lighting service.
(56) Work of firemen.
(57) Cleaning of roads, streets, squares, wells, drains, or toilets; work in
tiie collection of ashes or garbage, and the manufacture of fertilizers.
(58) Telegraph, telephone, and electrical installations of all kinds.
TEXT OF LAW S— ARGENTINA
19
(59) Forestry and agriculture only as regards persons engaged In transpor
tation service or in operating motors.
(60) Any other industries which the Executive Authority may hereafter
incorporate herein.
[By regulatory decree of November 12, 1917, establishments for the storage
and handling of native fruits, known as “ fruit-sheds ” ( barracas), were added.]
Art. 8. All employers of more than four workmen shall keep a register
wherein the name, residence, age, status, nationality, and wage of each work
man are shown. Whenever workmen change their address they must give
notice thereof in order that the change may be noted in the register.
Art. 9. Employers are likewise required to keep a special book, to be called
“ Salaries and wages,” all the pages of which shall be numbered. The head
of the National Department of Labor shall certify on its first page as to the
contents and the name of the employer or employers. There shall be noted
daily in said book, in chronological order in the proper columns, the attendance
of the workmen or employees working for the establishment or enterprise,
either on a salary basis, or for wages by the day or by the piece, using the
words “ yes ” or “ no ” to show presence or absence. Likewise there shall be
recorded after each name the salary or wage earned and in separate columns
the amount of work done by the job or by the piece.
A r t . 10. The said book shall be kept without changes or erasures of any
kind, and shown to the inspector of the National Department of Labor when
ever he shall ask for it. The inspector shall leave a record of his inspection
in every case.
A r t . 11. For the purposes of the provisions of article 2, of Law No. 9688,
the National Department of Labor shall prepare a roster of the industrial
establishments in the capital and the National Territories.
Ch apter
2.—Employer’s liability
Art. 12. The employer’s obligations are operative before, during, and after
the accident.
A r t . 13. For the purposes of article 5 of Law No. 9688, the employer’s liability
established by such law shall be effective from the time of the occurrence of the
accident.
A r t . 14. The most immediate obligation is that of furnishing the injured
worker with medical and pharmaceutical attention without delay.
A r t . 15. The aid of the nearest physician shall be first resorted to, but
thereafter physicians designated by the employer shall give medical attention
unless an official physician takes charge of the care of the injured person.
A r t . 16. From the time of the occurrence of the accident causing incapacity
for work, the employer is required to pay the injured workman one-half his
wages, in conformity with article 8, paragraph (&), of the law.
A r t . 17. Workers injured in industrial accidents or their heirs must give
notice of the occurrence thereof to the competent authority within 30 days
thereafter, under penalty of suffering a 25 per cent reduction in their compensa
tion, except in cases of force majeure or some other impediment duly proved.
A r t . 18. As required in article 25 of Law No. 9688, employers must give
similar notice within 24 hours from the occurrence of the accident or from
the time that they become cognizant thereof, which will be presumed to be
within the following 24 hours when they were not present at the place where
the accident occurred. The employer who fails to give the notice is liable to a
fine of from 50 to 100 pesos (national currency).
A r t . 19. Workers as well as the employer must report the accident, in the
national capital, to the police of the precinct where it occurred or to the
offices of the National Department of Labor, and in the National Territories and
Provinces to the police authority of the locality or to the justice of the peace.
A r t . 20. The police authorities, in the Federal capital and the National
Territories, upon being notified by injured workers or their heirs of industrial
accidents, shall on the same day notify the National Department of Labor
and the employer of the injured worker by mail, using a printed form.
Art. 21. In recording the accident the name, nationality, age, salary, occu
pation, and status of the injured worker and the place and hour of the accident,
as well as the apparent causes thereof, shall be set forth, filling in the form
which the National Department of Labor shall distribute to those interested.
20
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Art. 22. The person giving information of the accident may require a cer
tificate of such notification.
Art. 23. In case of immediate death, the employer shall give notice like
wise to the National Department of Labor, setting forth those facts mentioned
in article 21 which are pertinent.
Art. 24. In addition to the above-mentioned notice, the employer shall notify
the National Department of Labor in writing as soon as he has begun to carry
out his obligations in regard to his liability for the accident.
In this notice the worker and [or] the interested parties, either personally
or by their representatives, must signify their agreement.
Similar notice shall also be given the National Department of Labor of the
employer’s intention to pay the compensation, stating the amount, and the
article, number, and paragraph of the law pertaining thereto.
Art. 25. If the amount of the compensation is deposited in the national
annuities and pensions fund for retirement in conformity with article 9 of
the law, notice shall likewise be given to the said department.
Art. 26. If the employer thinks that the accident was due to force majeure
not connected with the nature of the work, or that it was caused intentionally
by the injured workman or his heirs, or was due to serious fault on the part
of said workman or his heirs, the employer shall so declare in writing to the
National Department of Labor; it being understood, however, that he is not
thereby relieved from the obligations set forth in articles 12 and 14 [14 and 16]
concerning medical attention and payment of half wages.
A rt. 27. When the National Department of Labor has knowledge of a differ
ence between the employer and the workman or his heirs concerning the eosopensation to be paid, it shall offer in writing its mediation in order to effect &tt
understanding.
Art. 28. Should the employer appoint physicians to give medical attention
and to certify the facts, he shall within 48 hours forward to the National
Department of Labor the names and residences of the same. If he has not
appointed any, the physicians taking care of the injured person shall be con
sidered as representing the employer, for the purpose of establishing character
and duration of the injury.
Art. 29. The physicians named by the employer shall have the right to visit
the injured person at the hospital, should he be removed to one. The same
right shall apply to the physician of the National Department of Labor.
Art. 30. Physicians are required to issue the following certificates: (1)
When the accident occurs, a certificate to the effect that the worker is unable
to work; (2) when the cure is effected, a certificate to the effect that the
worker is able to resume his work; (3) when after the cure of the worker,
the patient is still disabled, a certificate to that effect, giving the classification
of the disability; (4) a death certificate, in case the worker dies.
Art. 31. In the certificate mentioned in clause (1) of the preceding article,
the injury shall be described in the greatest detail. The same shall also be
done in the certificate referred to in clause (4), adding the data resulting
from the autopsy when one is performed.
The certificate to which clause (3) refers must describe the disability with
the greatest precision.
Art. 32. When such certificates are issued, the employer shall send a certified
copy thereof, bearing his signature, to the National Department of Labor if so
requested. Any refusal to comply with this requirement renders the employer
liable to the penalties provided in article 8 of Law No. 8999.
Art. 33. Injured workmen must be advised of the certificates mentioned in
clauses (2) and (3) of article 30, and if they concur therein they shall so
manifest by signing the same either personally or by their representatives.
Art. 34. In case of disagreement, either because the workman does not con
sider himself to be cured or because he does not agree with the classification
of the disability, the workman may name physicians in order that, with the
concurrence of the medical inspector of the National Department of Labor and
the physicians of the employer, another examination may be made and a
certificate issued, signed by all the attending physicians, in which the consensus
of opinion is shown.
A rt. 35. If the said physicians are unable to agree, three copies shall be
made of the document—one for the employer, one far the workman, and the
other for the National Department of Labor in the Federal capital, for the
chief of police in the National Territories, and [or] for such authority as the
particular Province may designate in its territory.
TEX T OF LAW S— ARG EN TIN A
21
The National Department of Labor in the Federal capital and the authorities
mentioned in the National Territories and the Provinces shall send copies of the
medical certificates and of all the data relating thereto to the National Health
Department, which shall give final judgment.
Chapter 3.—Injuries
A r t . 36. If the injured workman has not returned to work within four days
after the accident, the employer must, on being given a receipt, deliver to the
National Department of Labor a medical certificate in which the condition
of the injured workman and the probable consequences of the accident are
shown, together with the time in which it will be possible to know the result
definitely.
Art. 37. When a serious accident is involved, the inspectors of the National
Department of Labor shall visit the place of its occurrence and draw up a
detailed report of the facts.
Art. 38. The National Department of Labor shall furnish the judges, when
ever so required, the reports and documents pertaining to each industrial
accident.
Art. 39. For the purposes of this regulation there shall be considered (1) as
total disabilities, those which preclude any kind of work; (2) as partial dis
abilities, those which preclude the work in which the worker was engaged,
but no other.
Art. 40. Even though the causes of the accident may give rise to court pro
ceedings in a criminal case, the measures prescribed in this regulation as to
determining and classifying the disability shall not be postponed so that the
action authorized in article 10 of Law No. 9688 may be expedited.
C h apter
4.—Compensation
Art. 41. The compensation fixed by law shall be paid in national currency.
Compensation paid in any other form shall be absolutely void, and the worker
can claim another payment.
Art. 42. For the purposes of this law, a family is understood to consist of
the surviving spouse and the minor children of the injured workman. Grand
children up to the age of 16 years, the ascendants, and the brothers and sisters
up to the age of 16 years, shall be considered as part of the family only if at
the time of the accident they were living under the care of and were supported
by the injured workman.
Art. 43. If the accident results in the death of the workman, the employer,
in accordance with the provision of paragraph (a) of article 8 of the law, is
required to pay the funeral expenses, which may not exceed 100 pesos, and to
compensate the family of the workman with a sum equal to the decedent’s
full wages for the last 1,000 days’ work, but not to exceed 6,000 pesos. The
wage shall be calculated in accordance with the terms of article 5 of this regu
lation. If the workman worked less than 1,000 days with the employer who
is liable, the compensation shall be calculated by multiplying by 1,000 the
average daily wage which he earned during the time that he worked for the
said employer.
A rt. 44. The heirs of a foreign workman who dies as a result of an industrial
accident shall receive no compensation if at the time of the accident they were
not residing in the country, except in cases where international agreements or
treaties have established reciprocity in this respect.
Art. 45. Compensation shall be considered as community property and shall
be distributed among the heirs in the proportion and form established therefor
by the Civil Code.
Art. 46. In case of permanent total disability, compensation equivalent to
that fixed in article 43 of this decree shall be paid the injured worker.
Art. 47. In case of permanent partial disability the compensation shall be
equal to one thousand times the reduction in daily earning capacity as a result
of the accident.
Art. 48. Temporary disability caused by an accident shall be compensated
with half of the average daily salary, from the day of the accident up to the
day when the injured workman is in a condition to return to work, the calcu
lation to be made upon his earnings for the last 12 months. After one year
the disability shall be considered, for compensation purposes, as permanent
22
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from the clay of the accident, from which shall be deducted the amounts paid
for temporary disability.
Art. 49. In estimating the character of the disability the following rules
shall be followed:
(1) Temporary total disability shall be estimated, for the purposes of
article 8, paragraph ( d), of the law, as a continuation of the pathological
consequences caused by the accident within the time limit indicated in said
provision.
(2) The classification of temporary total disability shall cease when the
injured workman is declared cured or when a year has passed since the
accident without a cure being effected.
Art. 50. The cure of the injured workman shall be declared by the phy
sicians according to the following standards: (a) Cure without disability; (&)
cure with disability.
Art. 51. As a general rule, cures without disability shall be declared from
the time that the healing of the injuries has taken place, unless a period of
treatment is required to restore the functioning of the parts which were
injured.
Art. 52. As a general rule, cures with disability shall be declared from the
time that the healing of the injuries has taken place, resulting in manifest dis
ability. If the resulting disability is functional instead of organic, on petition
of the employer there may be a wait for the period indicated in the law for
the function to be restored.
Art. 53. When the cure with disability is declared definitely, the disability
shall be classified as total or partial.
Art. 54. The following are total disabilities for the purposes of this law :
(а) Total loss of the arms, the legs, or an arm and a leg, or loss of the es
sential parts thereof, the loss of a hand or a foot being considered as such.
(б) Functional injury to the locomotive organs, which can be estimated
in its consequences as analogous to the mutilation of the extremities under the
same conditions as those indicated in paragraph (a).
(c) Loss of both eyes, by enucleation of the organ or total loss of vision.
(d) The loss of one eye, with serious impairment of vision in the other eye.
(e) Incurable mental derangement.
. ( f ) Functional or organic lesions of the brain and of the circulatory and
respiratory systems, occasioned directly or indirectly by the mechanical or
toxic action of the accident and which is regarded as incurable.
(g) Inguinal or femoral hernia, single or double.
Art. 55. Partial disabilities are:
(а) Total loss of the right arm, or loss of its essential parts, considering as
such the hand, all the fingers of the hand but the thumb, or the loss of all the
second and third phalanges, or the loss of the thumb alone.
(б) The total loss of the left arm, or loss of its essential parts, considering
as such the hand and all the fingers of the hand.
(c)
The total loss of one of the legs or the loss of its essential parts, con
sidering as such the foot and the parts which are absolutely necessary for
standing and walking.
Art. 56. Partial disabilities shall be considered as total in the following
cases:
(1) When, in addition to the injury to a definite member which is classified
as a partial disability, the worker suffers as the result of the accident injuries
to other members which together cause a 50 per cent reduction in his working
capacity.
(2) When there is a 42 per cent reduction in working capacity and the
worker is over 50 years of age.
(3) When there is a 36 per cent reduction in working capacity and the
worker is over 60 years of age.
(4) In the case of woman employees the percentages are 2 per cent less than
the above.
Art. 57. In the cases specified in the preceding article and for the purposes
of this law, the classification of the disability for the purposes of compensation
shall be understood to apply to the regular occupation of the injured worker
and not to casual or temporary work.
Art. 58. If the employer does not accept the worker as in the occupation or
class of work which he was doing at the time of the accident, all the injuries
which alone do not constitute total disability shall be defined as partial
disability.
23
TE X T OF LAW S— ARG EN TIN A
A r t . 59. To comply with the provision in the preceding article the employer
may accept the worker either definitely or provisionally. In the latter case,
the final decision shall not be postponed for more than six months from the
acceptance.
A r t . 60. The following scale shall be followed in fixing compensation:
SCHEDULE FOR VALUATION OF REDUCTION OF WORKING CAPACITY
Per cent
o f wages
Total loss o f arm, right or left______________________________________________
Total loss o f forearm, right or left__________________________________________
Total loss o f hand, right or left________________________________^____________
Total loss o f thumb, right or left____________________________________________
Total loss o f index finger, right______________________________________________
Total loss o f index finger, left_______________________________________________
Total loss o f distal phalange o f thumb, right________________________________
Total loss o f distal phalange o f thumb, left_________________________________
Total loss o f two phalanges o f index finger, rig h t8_________________________
Total loss o f two phalanges o f index finger, l e f t 3___________________________
Total loss o f two phalanges o f ring finger4_________________________________
Total loss o f a finger, middle______________________________________ — ______
Total loss o f a finger, ring___________________________________________________
Total loss o f a finger, little________________________________________ — _______
Total loss o f a phalange o f any finger______________________________________
Total loss o f thigh__________________________________________________________
Total loss of leg---------------------------------------------------------------------------- — __________
Total loss o f foot___________________________________________________________
Total loss o f toe______________________________________________________________
Loss o f sight in one eye____________________________________ — ______________
Total deafness_______________________________________________________________
Deafness in one ear_________________________________________________________
Inguinal or femoral hernia, double___________________________ ______________
Inguinal or femoral hernia, single___________________________________________
60
60
60
30
24
18
18
9
16
12
6
9
9
13
6
60
60
50
6
42
42
12
18
12
Art. 61. The National Department of Labor shall keep a card index of
reported disabilities, with notes, arranged alphabetically, and shall issue a cer
tificate of the facts on request of an interested party in any litigation. For
this purpose the department shall adopt its own rules.
Chapter 5.—Accident prevention—Safety and sanitation
Art. 62. The measures to prevent industrial accidents indicated below shall
apply to all the industries included in article 2 of the law and which are estab
lished in the Federal capital and the National Territories and other zones
subject to Federal jurisdiction. The obligation to take such preventive measures
against industrial accidents shall also apply to every industry which may here
after be designated in accordance with paragraph 8 of article 2 of the law. The
same measures shall be compulsory in trade schools and institutions, provided
they use mechanical installations, steam boilers, or electric motors, or when the
industry is classified as dangerous and unhealthful. These measures shall also
be enforced in theaters, circuses, and similar establishments in which mechanical
apparatus is used.
Sanitary Measures
Art. 63. The following provisions shall be observed in factories, workshops,
and other work places:
(а) They shall be kept in a state of perfect cleanliness.
(б) Noxious emanations from sewers and water-closets shall be avoided and
also dampness of floors, etc.
(c)
If gases, vapors, dusts, and other impurities are generated in the course
of the work in quantities tending to injure the health of the employees, they
shall be so controlled by the system of ventilation as to become inoffensive.
When dusts, vapors, or emanations are generated in the course of the work,
proper devices to remove such impurities from the work place to the outside
8 Added by decree o f Dec. 24, 1918.
4 Added by decree o f Feb. 28, 1919.
24
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shall be provided under conditions which w ill not be offensive to the neighbor
hood. When the natural ventilation is not sufficient, mechanical suction must
be used, the machines being either inclosed or adapted to carry away the matter
collected by means o f simple suction, upward or downward, according to what
the case demands and what is technically possible. I f the technical condi
tions make mechanical suction impossible, adequate measures or precautions
must be adopted to avoid any bad effect on the workers. Pulverization of
irritating or poisonous materials shall be done only in closed apparatus.
{d) If, fo r technical reasons connected with the production or other circum
stances, the windows in any w ork place have to remain closed during working
hours, at least 40 cubic m eters5 o f pure air per employee per hour must be
provided.
A rt. 64. A w ork place shall not employ a larger number o f persons than is
consistent with its capacity and the quantity o f respirable air, at the rate o f
10 cubic meters o f air fo r each person. There shall be posted in a con
spicuous place a notice specifying the maximum number o f persons who may
be employed therein.
A rt. 65. W orkroom s shall be suitably lighted to avoid injury to the eye
sight o f persons employed therein.
A rt. 66. Factories and workshops shall be provided with an adequate number
of toilets, with separate installations for each sex. The filtered drinking water
necessary for the use of the employees shall also be provided.
Safety Measures
A rt. 67. Notices giving warning o f dangerous places shall be posted in all
rooms where there are machines run by mechanical power.
Art. 68. The follow ing requirements shall also be observed in the work
p la ces:
(а) All elevators, cranes, flywheels, and pulleys d irectly ’ connected with a
motor, and the parts o f all w ater wheels or wheels run by mechanical force,
shall be protected in the manner prescribed by the inspectors.
( б ) All gutters should be closed if they are not otherwise isolated.
( c)
All dangerous parts o f machinery, transmission apparatus, and belting
shall be guarded and arranged so that they offer no danger to the persons
employed thereon or w ho work in the factories.
Art. 69. Boilers must be inspected and tested by a hydrostatic pressure
double that at which they can be operated. F or boilers which operate at a
pressure greater than seven atmospheres, the test shall be made with six
atmospheres more than the maximum pressure at which it operates. This
test shall be made every two years in the presence o f the technical inspector
o f the department, and the proprietor shall provide the means therefor.
A fter the test is made a plate shall be affixed to show the maximum amount
o f pressure.
A rt. 70. A ll boilers used for generating steam shall be provided with a
safety valve and a manometer which indicates the pressure o f the steam and a
water gauge which shows the height o f the water in the boiler.
A rt. 71. Transmission belts shall have the boxes, perches, belt carriers, and
w ire guards arranged to the best advantage fo r avoiding accidents to the
workmen.
A rt. 72. There shall be aisles at least 1 meter and 30 centimeters wide
between the movable parts o f tw o machines and 1 meter between the bases
and foundations o f the same, provided there is no flywheel in the intervening
sp a ce; i f there is, that distance shall be guarded.
A rt. 73. Whenever a machine permits thereof, it should have a loose pulley
and a belt shifter, so that the machine may be stopped immediately in case
of accident.
A rt. 74. Emery wheels shall be provided with dust-exhaust apparatus and
other dangerous parts shall be covered with a fram ew ork or hood, as may be
required.
A rt. 75. Lifts, hoists, and cranes should have sufficient guaranty o f strength,
and the maximum weight they can support should be posted thereon. The
supports o f each floor should be protected.
A rt. 76. In all industrial establishments where motors are employed there
shall be means o f communication between the motor room and the different
•1 cubic meter = 35.314 cubic feet.
T E X T OF LAW S— ARG EN TIN A
25
departments where the transmission reaches, either by speaking tubes, electric
bells, or other apparatus.
Art. 77. In establishments where wood or inflammable materials are being
worked up, illuminating lamps must be covered, the use of alcohol and mineral
oils being prohibited therein.
Art. 78. In factories where there are electric machines and other electric
installations, all cables, conductors, etc., must be insulated and the motors
guarded, so that they will present no danger to the employees.
Art. 79. Electric storage batteries or transformers must be insulated and
access to them must be prohibited to persons who are not operators.
A rt. 80. When generators are used in the production of both light and
power in establishments which work at night, a special installation shall be
provided to furnish light in case the generator does not function.
A rt. 81. When gas or compressed air is used, the storage tanks shall be
tested in the same manner as the boilers. They are also to be provided with
a safety valve and a manometer.
A rt . 82. Scaffolds used in the construction and repair of buildings must
meet the following requirements:
( а) They must be 1.2 meters0 wide.
(б) They must be constructed of well-joined planks 5 centimeters6 thick, with
a board on each side 30 centimeters high.
(c) The uprights must measure at least 75 by 75 millimeters® and be placed
at the edge of the walk way, be embedded 50 centimeters, and not be “set at a
greater distance than 3 meters apart.
(d) Above the level of the scaffold two horizontal crosspieces shall be
placed, one at 50 centimeters and the other at 1 meter, well secured and firm.
(e) The crosspieces shall be joined with wires or with nailed iron hoops
and the uprights shall have nailed pegs by which they are held.
(f) The ladders must be firm and put together so as to prevent their bend
ing and side movement.
A rt. 83. Scaffolds must not be loaded with an excessive weight o f mate
rials or persons, on penalty o f the manager or owner o f the works incurring,
in addition to the liabilities established by the law, the damages occasioned
thereby.
A rt. 84. The introduction and consumption of any alcoholic beverage on
the premises or work places are prohibited.
A rt. 85. The National Department of Labor may grant a period of not less
than six months to such establishments as require time to institute reforms or
repairs needed to conform to the preceding provisions.
W ork
of
Port Loading
and
Unloading
A rt. 86. The articles o f this chapter are applicable to the w ork o f loading
and unloading, the preparation and maintenance o f vessels, and also the han
dling o f freight, when these operations are carried on in ports, docks, and dry
docks, as well as at wharves and piers.
Art. 87. Scaffolds, gangplanks, ladders, and in general the installations upon
which employees have to move about, work, or remain, shall offer in all their
parts the necessary assurances of resistance, stability, and solidity. The ma
terials used in the construction of the above must be of good quality, in a perfect
state of preservation, and with no defects which may lessen the conditions of
safety prescribed in the preceding section.
Lashings and cables must be sufficiently strong to support any accidental
impact given them.
A rt . 88. The use o f warped boards, decks o f glued woods, and the application
o f paint or varnish which may hide any defect o f construction or poor quality
o f material are strictly prohibited.
Art. 89. More weight will not be permitted than that which the resistance
of the hull of the ship can stand.
A rt . 90. Scaffolds suspended from vessels shall be placed with all possible
care and shall be so fastened as to prevent swinging and tilting.
A rt. 91. Installations for painting or other work on floating vessels or ves
sels in dry docks shall be protected with firm railings placed sufficiently high
to prevent the worker from falling. In places where the laborers have to
work seated, a strip at the height of the worker’s back, in addition to the
• 1 m eter= 39.3 7 inches; 1 centim eter= 0 .3 9 3 7 in c h ; 1 m illim eter= 0 .0 3 9 4 inch.
26
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guard for support, shall be provided. This requirement extends also to the
upper platforms of other scaffolds.
Art. 92. When passage from the shore to the ships or vice versa and between
two or more ships must be made on a slope and offers danger, gangplanks or
ladders shall be provided so that the passage may be made in perfect safety.
A rt. 93. The planks used in the construction o f gangplanks must rest on
supports and shall be so arranged that they can not slip or move. They shall
be fastened together by means o f a crosspiece to prevent their separation, and
there shall be no spaces left between which might offer danger to the worker.
A rt. 94. The boards o f installations on hatchways must be fastened to the
boat. Gangplanks shall be provided with railings o f a proper height and shall
be sufficiently wide to allow safe passage o f the workers during the performance
o f the work.
Art. 95. Gangplanks having a slope of more than 20 per cent are prohibited.
Moreover, ashes or sawdust must be scattered upon the surface of the walk
way when from any cause it becomes slippery. Supporting gangplanks upon
loose bundles or bales of material of light weight or upon bags containing mate
rials which are likely to escape, is likewise forbidden.
A rt . 96. There shall be sufficient space around ladders to allow the workers
to pass easily from them to the gangplanks or to other devices leading to and
from ships.
A rt. 97. Ladders leading into the hatch must be placed on a level with the
coaming when the distance from the mouth of the hatch to the bottom of the
hold is more than 1 meter and 60 centimeters. The use of a ladder in which
rungs are lacking or which have a broken, weak, or movable rung is prohibited.
Art. 98. The foot of a ladder must rest upon a sufficiently resistant surface.
In case of necessity the uprights must be wedged to avoid slipping. Placing a
ladder upon one of the steps is prohibited unless there is sufficient resistance
and the same is supported by the uprights in such a manner that it can not
turn.
Art. 99. Suspended ladders must be so placed that they will not oscillate
nor tilt.
Art. 100. Separate ladders shall be used for the ascent and descent of the
workers to the gangplanks when these operations are performed simultaneously.
A rt. 101. The transporting o f crews of workers on board boats, launches,
and other vessels to the roadstead or to other vessels in the docks, as well as
returning them to the land, shall be done by means o f boats which are suitable,
safe, and in a good state o f repair. The number o f persons which they can
carry shall be posted in a conspicuous place .
Art. 102. All places in which the laborers have to perform work or to move
about must be well lighted. When oil lamps are used in the perform ance o f
the work, the safest type must be adopted.
A rt. 103. In addition to taking the necessary precautions to prevent work
men from falling into the water, a life-saving apparatus for the use of the
employees shall be provided. This apparatus shall be put in a place which is
easily accessible, so that it can be used quickly in emergencies.
Art. 104. The employment of young persons under 18 years of age or of
women in the operation of winches or other hoisting apparatus, and in the
transmitting of signals in connection with the operation of the same to persons
in charge of such operation, is prohibited.
Chapter 6.—Deposit of compensation—Guaranty fund
A rt. 105. [Repealed by decree of October 25, 1923.
(See p 31.) 1
Art. 106. The deposit mentioned in article 9 of Law No. 9688 shall be made
within 30 days from the time of the accident. To prove the accident the same
data as required by article 21 of this decree shall be recorded.
Art. 107. In its “Accident Division ” the National Fund for Retirement Annui
ties and Pensions shall organize the office of the “ Guaranty Fund ” mentioned
in article 10 of the law. The personnel of this office and their remuneration
shall be determined by the board of directors of said retirement fund.
Art. 108. Employers or insurance companies or employerers’ [mutual] associa
tions, as the case may be, shall, in addition to the above-mentioned deposit, pay
into the Guaranty Fund the following:
(a)
The compensation due on account of death, when there are no heirs
having right to the same as specified in articles 8 and 14 of the law hereby
regulated.
TEXT OF LAW S— ARG ENTINA
27
(&) The amount of the compensation, or the pension derived therefrom,
belonging to foreigners who have left the country.
[v) The pensions the beneficiaries of which have died without leaving heirs
who can qualify under article 8 of the same.
Art. 109. There shall likewise go into the Guaranty Fund the following: (a)
Fines imposed for violation of the present law; (&) gifts from private parties;
(c) subsidies given by the Province.
Art. 110. The Fund for Retirement Annuities and Pensions shall notify the
National Department of Labor immediately of deposits which it receives on
account of compensation giving the name and the residence of the depositor,
that of the injured person, the date of the injury, and its apparent causes.
Art. 111. The funds of the Guaranty Fund shall be used only as follows, in
conformity with article 10 of the law:
(1) To cover the expenses of the accident division.
(2) To pay compensation left unpaid by reason of a judicial decree of abso
lute insolvency of the employers, provided the injured party has begun his action
within one month after the accident, and has proceeded with due diligence to
establish his right. The period specified does not apply in cases of force majeure
or of insurmountable obstacles. The provisions of this article shall be applied
in each case with the advice of the National Department of Labor.
Chapter 7.—Suits for compensation
Art. 112. The injured workman, or the person or persons interested, is en
titled to bring suit against the employer before the competent judges, in accord
ance with article 15 of the law. In such case the procedure shall be summary,
in accordance with said article of law.
Art. 113. Before electing to sue judicially, any workman may ask the inter
vention of the National Department of Labor to require the employer to pay the
compensation to which he believes he is entitled.
Art. 114. In compliance with article 15 of the law, the competency of the judges
shall be regulated by the organic law of the courts of justice and of the justices
of the peace in the Federal capital, and by the organic law of the National
Territories in the latter.
Art. 115. The injured worker or his heirs shall have the right of proceeding
in forma pauperis in case of legal proceedings to obtain compensation.
Art. 116. The National Department of Labor shall give free legal advice to
workers who submit cases of this nature to it.
A r t . 117. When the National Government is responsible for an accident, legal
proceedings may be brought without previous claims being made through admin
istrative channels or the congressional permission which Law No. 2952 requires
in regard to claims against the Government.
Art. 118. The representative of the General Office for Incompetents shall be
empowered to receive in his jurisdiction amounts to be deposited in the Guaranty
Fund, for which purpose the National Department of Labor shall notify him
of accidents which require his intervention.
Chapter 8.—Additional guaranties
Art. 119. Workers and employees to whom Law No. 9688 refers may choose
between bringing a special action for compensation under this law or an action
under the common law for fraud or negligence of the employer. However, both
actions are exclusive and the initiation of one of them or the acceptance of
any sum thereunder shall of itself constitute a surrender of the rights under
the other.
Art. 120. The last part of the preceding article shall not apply when there
may have been deceit, fraud, or falsehood to induce the workers to accept
compensation other than that granted by Law No. 9688.
Art. 121. In addition to his right of action against the employer, an injured
worker, or his representative, retains the right of action against any third
person responsible for the accident, in accordance with the principles of the
Civil Code.
Art. 122. By “ third person” is understood persons who are not connected
with the industrial operation, the employer and his workers or employees thus
being excluded from such classification.
13494°—30----- 3
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Art. 123. Compensation obtained from third persons under the preceding
provision shall relieve the employer of his liability for that part which the
third party who caused the accident is obliged to pay. If such part is less
than the amount of the compensation to which the workmen or his heirs are
entitled, they may demand the difference from the employer.
Art. 124. Actions arising out of Law No. 9688 shall be brought within one
year from the act from which the cause of action originated.
Chapter 9.—Exceptions
Art. 125. Employers are not liable under Law No. 9688 for accidents suffered
by their workers or employees whose annual wages exceed 3,000 pesos.
Art. 126. Nor are they liable for accidents suffered by workers in industries
not included in the list in article 2 of the law and article 7 of this regulation,
unless the Executive Authority, by a decree issued previous to the accident,
included the industries in which it occurred.
Art. 127. Compensation for accidents is allowable in accordance with this
law only when the incapacity to work continues longer than six working days.
Art. 128. For the purposes of the preceding article, disability resulting as
an immediate consequence of the accident shall be classified by the physicians.
Art. 129. Only when the workman returns to work and performs the same
work he did at the time of the accident shall his temporary disability be
understood to have ceased.
Art. 130. The employer is exempt from all liability for an industrial accident:
(а) When the same has been intentionally caused by the injured person or
arises entirely through his serious fault.
(б) When due to force majeure not connected with the nature of the work.
Likewise the employer shall not be liable to any of the heirs of an injured
person if the latter voluntarily caused the industrial accident or brought it
about through his serious fault.
Art. 131. For the purposes of the provision in paragraph (&) there is serious
fault on the part of the injured person when the industrial accident is due to a
violation of the work rules, provided they have been expressly approved by
the National Department of Labor; or if the cause of the accident could and
should have been avoided by measures which were within his reach at the
time of the accident.
Art. 132. The employer is liable in all cases when the workman performed
the act causing the accident by virtue of an order or authorization from the
employer or the directors of the work.
Art. 133. Carelessness in the work growing out of the continual performance
of any kind of work does not exempt the employer from liability.
A r t . 134. For the purposes of the first part of article 131 the employers should
present in duplicate to the National Department of Labor the proposed work
rules for their respective establishments. The department shall take them
under advisement, and if they are worthy of approval shall file a copy signed
by the employer, in its archives. The other copy, signed by the head of the
department, shall be posted in the factory in a place indicated by the labor
inspector.
If, upon the occurrence of an industrial accident, the work rules are not in
their place, the first part of article 131 shall not apply.
C h apter
10.—Insurance companies
Art. 135. Employers may satisfy their obligations relative to compensation by
insuring their employees and workmen in an insurance company or [mutual]
association of employers which meets the requirements hereafter shown, pro
vided the compensation shall be not less than that fixed by the present law.
A rt. 136. A workman may bring before the National Department of Labor
his claim against an insurance company which does not pay the compensation.
Such claims may serve as the reason for the Executive Authority to employ the
measure referred to in article 144 of this regulation.
Art. 137. Accident insurance companies or employers’ [mutual] associations
which assume the employers’ obligations under this law must be licensed for
this purpose by the Executive Authority and organized in conformity with
article 20 of the law and the provisions of this regulation.
T E X T OP LAW S---- ARGENTINA
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Art. 138. In order to obtain such license it shall be necessary:
(1) To petition therefor in writing to the National Department of Labor,
attaching a certified copy of its by-laws if it is a stock company, and if not,
the articles of association;
(2) To deposit 50,000 pesos (national currency) in the Bank of the Argen
tine Nation in Government bonds, which sum may not be withdrawn so long
as the company carries insurance in the country. A certificate of such deposit
shall accompany the petition referred to in the preceding article;
(3) To fulfill its liability to pay compensation in accordance with the re
quirements of this law, fixing the scale of premiums according to the industries
and the anticipated cases of compensation in the same;
(4) To constitute, by annual accumulation, a reserve of 30 per cent of the
total amount of insurance underwritten which produces a balance each fiscal
year;
(5) To submit for the approval of the National Department of Labor the
clauses of the policy, for the purpose of the requirements of article 20, para
graph (d), of the law and other conditions applicable;
(6). To maintain separate accounts for operations dealing with workmen’s
compensation insurance and those of any other kind of insurance which the
company may underwrite;
(T) To present to the National Department of Labor: (a) A balance sheet
or annual report of the company’s business; (&) a monthly report and an
account sheet containing a detailed statement, in accordance with a special
regulation, of insurance underwritten during the month and of the premiums
paid in.
A r t . 139. Foreign companies which wish to establish branch offices in the
Republic of Argentina in order to do business in workmen’s insurance shall
comply with the requirements of article 138 of this regulation.
Art. 140. The companies shall also comply with every request for evidence
or additional reports which may be required by the administration in regard
to their financial standing and their business.
Art. 141. In addition to the supervision of the inspection bureau of the
Department of Justice (Inspeccidn General de Justicia), the National Depart
ment of Labor sha1! nspect minutely the operation of any institution which
undertakes workmen s insurance.
Art. 142. In case of proof showing irregularities indicating neglect to comply
with the requirements of article 138, the inspector shall ask for the revocation
of the license for workmen’s insurance.
Art. 143. When a company or an employers’ [mutual] association under
writing workmen’s insurance, or an employer owing compensation becomes
insolvent, the funds set apart for the payment of compensation shall not go
into the general fund, but shall be returned to the employer who contracted
for the insurance in the condition in which they were at the time of the
insolvency, or turned over to the Fund for Retirement Annuities and Pensions
for the creation of a pension.
Art. 144. The Executive Authority may revoke the license mentioned in
article 138 of insurance companies or employers’ [mutual] associations which
do not comply with their obligations concerning compensation. This measure
shall be taken after a report from the National Department of Labor.
C hapter
11.—occupational diseases
Art. 145. For the purposes of the law hereby regulated, by “ occupational
diseases” will be understood only those which are caused exclusively by the
work of the injured person in the employment in which he was engaged.
Art. 146. When a workman is incapacitated from work or dies as the result
of a disease contracted in the exercise of his occupation he shall be entitled to
the compensation granted by this law under the following conditions:
(а) The disease must be declared to have originated exclusively from the
kind of work performed by the worker during the year preceding his disability.
(б) If it should be proved that the workman suffered from this disease
before entering such employment, then no compensation shall be paid.
(c)
Compensation shall be claimed from the last employer for whom the
man worked during the said year in the employment whose nature caused the
disease, unless it was shown that the disease was contracted while in the service
of other employers, in which case the latter shall be liable.
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COM PENSATION LEGISLATION
( d) If the disease, owing to its nature, could have been contracted gradu
ally, the other employers in whose service the workman was employed during
the last year on the kind of work which caused the disease are liable to the
last employer for a proportionate share of the compensation, to be fixed
by arbitrators if there is any controversy concerning it.
(e) The employer in whose service a workman is disabled on account of a
disease shall make a report as in the case of an industrial accident.
Art. 147. Employers are absolutely prohibited from stating in letters of
recommendation which they give to workmen their occupational disease or
diseases.
A rt. 148. In the cases under this chapter there shall be reported, as the date
of the accident, the date on which the disease manifested itself, causing real
incapacity to work.
Art. 149. The occupational diseases which, for the present, are included
for the purposes of the last paragraph of article 23 [22], of the law are:
Pneumoconiosis, pulmonary tabacosis, anthracosis, and siderosis, poisoning by
lead, mercury, copper, arsenic, carbon disulphide, hydrocarbons, and phosphorus,
ophthalmia due to ammonia, anthrax, dermatosis, and ankylostomiasis.
A rt. 150. Any other disease which it is believed should be included in the
preceding enumeration shall be added as opportunity affords.
DECREE OF APRIL 30, 1917
Article 1. It is incumbent on the defender of the poor and incompetent
to report to the proper correctional judge violations of Law No. 9688, as well
as to prosecute the action for the imposition, collection, and payment into the
proper fund of the fine which is legally applicable in each case.
DECREE OF NOVEMBER 12, 1917
Article 1. Through the agency of the division of inspection the National
Department of Labor shall protect and defend injured workers or their families
when, after administrative efforts have been exhausted, it is necessary to
resort to the courts.
A rt. 2. The protection and defense of the worker shall be absolutely free
to the worker.
Art. 3. When, as a result of these trials, costs are imposed on the employer
the amount thereof shall be turned over to the social welfare fund.
Art. 4. The head of the National Department of Labor shall regulate the
exercise of this new function.
DECREE OF MAY 21, 1918
Article 1. The heirs of workers or employees who have died as the result
of industrial accidents who wish to exercise the optional right referred to in
article 17 of Law No. 9688 must prior thereto meet the following requirements:
(a) Within one month following the death they shall state in writing to the
National Department of Labor that they waive the benefits of Law No. 9688 in
order to bring a civil action for damages.
(&) Before the same department and with the intervention of the Fund
for Retirement Annuities and Pensions in its character as administrator of the
Guaranty Fund they shall prove by the documents in the case that they
qualify as heirs under Law No. 9688 as specified in articles 8 and 14 thereof.
(o) Within two months following the death they shall present to the Na
tional Department of Labor a certificate issued by the proper judicial authority
stating that civil action for damages has been brought.
Art. 2. For good and sufficient cause, the National Department of Labor
shall extend the period mentioned in the preceding article.
Art. 3. When the .requirements of article 9 of Law No. 9688 are not complied
with, the National Department of Labor shall require the employer to deposit
in the Fund for Retirement Annuities and Pensions the proper compensation,
allowing the intervention, in a relevant case, of the representative of the Office
of Incompetents as provided for in article 16 of the same.
DECREE OF MAY 21, 1918
Article 1. The National Fund for Civil Retirement Annuities and Pensions
shall hear and decide cases of compensation for industrial accidents in which
TE X T OF LAW S— A B G E ^ T IK A
31
there are interested minors, with only the intervention of the parents or
guardians.
DECREE OF OCTOBER 25, 1923
Article 1. The National Fund for Civil Retirement Annuities and Pensions
shall decide applications for paying out the sums deposited for compensation
of industrial accidents, applying the law directly, without prejudice to the
proper judicial actions by those interested.
Art. 2. Article 105 of the regulatory decree issued under Law No. 9688 is
hereby repealed.
DECREE OF NOVEMBER 20, 1923
A r t ic l e 1. Compensation cases for industrial accidents suffered by Gov
ernment workers or employees shall be tried and decided by the Department
of the Interior.
PROVINCIAL REGULATORY DECREES
The following are the eight Provinces whose regulatory decrees issued under
the national workmen’s compensation law (No. 9688) are on file in the
Bureau of Labor Statistics and the dates of their enactment: Buenos Aires,
March 14, 1917; Cordoba, April 27, 1916; Entre Rios, May 10, 1917; Jujuy,
July 28, 1922; Salta,7 May 7, 1921; San Luis, August 8, 1916; Santa Fe, October
5, 1916; and Santiago del Estero, November 30, 1928. The Province of San
Juan issued such a regulatory decree on December 31, 1917, but the bureau has
received only extracts thereof.
Since these eight decrees are all patterned after the national regulatory
decree covering the Federal capital and the National Territories (see p. 17),
and are essentially identical, only the few variances will be given here.
Four Provinces (Buenos Aires, Entre Rios, Salta, and Santiago del Estero)
have inserted in their decrees as to industrial accidents the following provision
which does not appear in the national regulatory decree:
Every industrial accident which an employee or worker suffers while render
ing his services, arising out of or in the course of the work, or the result
of a fortuitous occurrence or due to force majeure connected with the work,
shall be compensable, viz: (a) One or several injuries of a traumatic order;
Wounds, internal or external bruises, luxation, torsion, fractures, lacerations,
mutilations, or functional changes resulting from the traumatism; (6) acute
poisoning due to the emission of vapors, gases, or dusts; (c) burns or cauteri
zations resulting from the action of heat or of some corrosive liquid; (<n
functional injuries or disturbances caused by electricity, light, or high or low
temperatures and which are not of the nature of an occupational disease; (e)
acute infections caused by the absorption of some infectious matter to which
the worker has been exposed in an unexpected contact; (f ) contagious diseases
contracted as a direct and exclusive consequence of the work; (g) any other
condition resulting from an external cause inherent in the work which, acting
on the human body in a sudden and violent manner, destroys or diminishes
the economic capacity of the injured worker; (h) fortuitous events of force
majeure, considering as such, conditions caused by man or by nature which
could not have been anticipated nor avoided; and in case it might have been
foreseen, if the work itself, its elements, or the circumstances under which it
was carried on, have contributed in provoking the action or aggravating its
effects.
The provisions (arts. 86-104) in the national regulatory decree pertaining
to loading and unloading work in ports have been omitted in the decrees of
Buenos Aires, Cordoba, Entre Rios, Jujuy, Salta, and Santiago del Estero.
The Salta decree omits those provisions dealing with occupational diseases
(arts. 145-150).
7 This is a part o f the Giiemes law, which also includes sections dealing with the 8-hour
day and the employment o f women and children.
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Provisions (arts. 135-144) dealing with insurance companies have not been
included in the Jujuy decree.
Chapter 5 of the national regulatory decree pertaining to accident preven
tion measures is not found in the Salta decree, while only that section dealing
with scaffolds is omitted from the decree of Santiago del Estero.
The national decree contains in article 7 a list of 60 occupations or industries
covered by that law. The decree of Salta omits this list in its entirety, while
Jujuy deletes the following: Nos. 4-12, 15, 21-29, 31, 42, 45, 47, 49, 50-52, and
55. Entre Rios omits only Nos. 4, 9, and 10; and Santiago del Estero leaves
out Nos. 3, 7-10, 15, and 21, but it is the only Province which adds to the list
services rendered in connection with aviation. The occupations or industries
covered by the decree of Buenos Aires includes Nos. 1, 3, 6, 12-14, 19, 30, 32, 36,
37, 39, 40, 44, 53, 57, and 59, and adds the following: Textile industry, lumber
industry, metallurgical works, mills and other establishments engaged in the
manufacture of cereals, refineries in general, production and transmission of
energy, and works in which high and low temperatures are required.
B O L IV IA
LAW OF JANUARY 19, 1924
Article 1. By “ accident ” is understood any organic injury which the worker
suffers while working for another or as a consequence of the work. “ Em
ployer ” shall mean the individual, company, or enterprise, proprietor or tenant
or contractor, who carries on the work or who operates one or several indus
tries. The State is considered an employer also as regards work which it
carries on. “ Worker ” shall mean the person who engages in manual work in
a trade or occupation for another person.
Commercial employees and apprentices in workshops and factories belong
also in this classification. Domestic servants, however, are excepted.
When the execution or operation of the work or industry is contracted for
by the job, the contractor shall be considered the employer, the subsidiary lia
bility of the works or industry remaining in effect.
Art. 2. In the various kinds of manual work to be enumerated in the regula
tions under this law, the employer shall be liable for compensation for acci
dents suffered by the worker arising out of or in the course of the work. The
employer shall likewise be liable for compensation on account of industrial
accidents suffered by workers employed in agricultural or forestry work where
machines are used.
Art. 3. Disability is partial, temporary, or permanent total—it is partial,
when, as a result of the accident, the worker is unable to follow his trade or
occupation but is still able to do other kinds of work; it is temporary when the
disability lasts from eight days to a year; it is permanent total when there is
no longer any possibility of his performing any kind of work.
Art. 4. The industries or works to which the preceding article refers shall
be legally liable for compensation for industrial accidents only when the capi
tal of the enterprise exceeds 20,000 bolivianos8 and the worker has been em
ployed for at least two weeks before the accident. If these conditions do not
exist, the employer shall be required to pay only the wages specified for tem
porary disability for one month, and double this sum in case of permanent
disability or death. If the disability caused by the accident does not last longer
than six days, it shall not establish any liability.
Art. 5. The compensation mentioned in the preceding article shall be regu
lated as follows, according as to whether the disability caused by the accident
is total or partial, temporary or permanent:
(a)
If the worker is temporarily disabled, the employer shall pay him com
pensation equal to half of his daily wage during the period required for re
covery, provided this is not longer than one year from the date of the accident;
if the disability continues longer, it shall be deemed to be permanent, and com
pensation shall be fixed under the provisions concerning permanent disability.
If the worker had made no agreement with the employer as to the amount of
his wages, they shall be fixed at the minimum rate of 2 bolivianos 50 centavos
a day. If, the worker is employed by the job, he shall be paid half his average
daily earnings. If his wages are variable, the compensation shall be equal to
half the wages earned during the month preceding the accident.
(&) If the disability is permanent total, the worker shall be entitled to com
pensation equal to two years’ wages, to be paid in a lump sum.
(c) If the disability is partial, the compensation shall amount only to 18
months’ wages.
(d) If the accident produces [temporary] partial disability, the compensation
shall be equal to one year’s wages, unless the employer prefers to employ the
worker on other work compatible with his condition at remuneration not less
than that of his former work.
8 1 boliviano at p a r= 3 8 .9 3 cen ts; 1 centavo at par ==0.3893 cent.
33
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C O M P E N S A T IO N L E G IS L A T IO N
A r t . 6. If the accident causes the worker’s death, the employer shall bear
the funeral expenses up to the sum of 100 bolivianos, and shall pay compensa
tion, in a lump sum, equal to two years’ wages to the members of the family
of the deceased who were under his care and entitled to claim maintenance
under the civil law. If some or all of these heirs have concurrent rights, the
compensation shall be divided in accordance with the provisions of the Civil
Code governing inheritance, and the sum derived from the compensation shall
be treated as community property (Men gcinancialicio) .
A rt. 7. The employer shall pay the compensation in monthly installments,
except in case o f permanent total disability or death, when he shall pay it in a
lump sum.
A rt. 8. The employer may discharge his obligations under articles 1 and 3
of this law by insuring his workers, at his expense, with any company, provided
said company shall be legally constituted and duly licensed by the Govern
ment, and that the sum received by the worker as insurance benefits shall not
be less than the compensation which would be due him under this law.
A r t . 9. In the event of the worker’s death, the employer shall have the right
to pay life pensions instead of the compensation mentioned in article 6 of this
law, provided the survivors agree and said pensions are sufficiently guaranteed
in an amount proportioned to two years’ wages plus interest at the legal rate.
A r t . 10. Pending the organization of the National Department of Labor, the
judge (el juez instructor) of the judicial district concerned shall hear applica
tions for compensation for industrial accidents, and the judicial proceedings
shall be conducted according to chapter 3, title 6, book 2, of the Code of Civil
Procedure, omitting the procedure for the institution of ordinary actions.
Appeals will not be allowed.
A rt. 11. A register of industrial accidents shall be kept at every police sta
tion. The entries shail be used for the purpose of investigation and for the
enforcement of this law. Details of reported disabilities shall be entered in
the said register.
Art. 12. For the purpose of establishing the nature of the accident (previ
ously reported by a doctor or two empirics, or in default thereof by the injured
worker) the worker, or in case of his death his survivors, shall report the acci
dent to the nearest judicial or police authority within 48 hours, except in case of
force majeure or other duly proved obstacle. The employer is likewise required
to report the accident within the same time after it comes to his knowledge,
under penalty of a fine of 100 bolivianos. Any authority or judge delaying the
judicial proceedings shall, in addition to any liability at criminal law. be fined
100 bolivianos, and the said fine shall be enforced by the judge to whom the
case may be appealed. In such cases the workers are to be considered as in
forma pauperis (pobres de solemnidad).
A rt. 13. A worker who is incapacitated fo r work or dies in consequence o f a
disease contracted in the course o f the employment shall receive compensation
in the same manner as for an accident. The employer shall enter in the register
o f accidents every injury or disease from which a worker is suffering on his
entry into the enterprise.
Art. 14. In the event of an employer’s bankruptcy, workers’ claims for com
pensation shall have preference, in accordance with section 1444, paragraph 4,
of the Civil Code. Any renunciation of the benefits of this law shall be void.
A r t . 15. Compensation for industrial accidents which is due to legal heirs shall
not be liable to attachment nor transfer. Actions for accident compensation
must be brought within one year from the date of the accident.
A r t . 16. Employers and insurance carriers are required to form a special fund,
entitled the “ Guaranty Fund” (Caja de Garantia), to which shall accrue: (a)
The compensation due on account of the death of persons who leave no heirs;
(6) the pensions established under article 7 whose recipients die without leaving
heirs or legatees; (c ) the amounts of compensation or pensions due to aliens
who leave the country; (d) the amount of the fines imposed for failure to
comply with this law.
The moneys of the fund shall be used exclusively for the payment of com
pensation outstanding on judicial declaration of bankruptcy of the employer.
Art. 17. The National Department of Labor in conjunction with the Ministry
of Industry shall prescribe safety measures for all industries, factories, or works
carried on within the country, and the observance thereof shall be compulsory.
Art. 18. Women and children shall have the same benefits under this law as
adult male workers.
TE X T OF LAW S— BOLIVIA
35
A r t . 19. The payment of the cost of treatment in hospitals and institutions
shall not exempt the employer from tlie payment of the compensation for which
he is liable.
A rt . 20. The cost o f medical and pharmaceutical care at the time o f the
accident and during the treatment o f the injured worker shall be paid by the
employer who shall not be entitled to deduct the amount thereof from the
compensation.
A rt.
21. The Executive shall issue regulations in pursuance of this law.
REGULATORY DECREE OF JULY 21,1924
Chapter
1.—Accidents
A r t ic l e 1. In accordance with the provisions of the law and for the purposes
of the right to compensation, by “ industrial accident ” is meant every organic
or functional injury arising out of or in the course of the work, a direct rela
tion of cause to effect between the work and the accident being necessary.
A rt. 2. F or the purposes o f the right to compensation, occupational diseases
contracted in the work shall also be considered industrial accidents, under
standing by occupational diseases only those which are due solely and exclu
sively to the work perform ed by the worker in the trade or occupation he
follows.
A rt. 3. B y virtue o f the definitions given in the preceding articles, the follow
ing shall not be classed as industrial accidents, nor shall they entitle one to the
compensation granted by the la w :
(a)
Accidents caused by force majeure which is not connected with the nature
of the work performed by the employee or worker, or employees or workers.
(ft) Those caused deliberately by the injured worker or workers and due solely
and exclusively to misdemeanors committed by him or them (intoxication, etc.),
or to a direct or positive violation of the work rules or regulations of the enter
prise. On the other hand, this violation must not be confused with mere care
lessness on the part of the workers and employees. For this reason all enter
prises are required to have their work rules posted in conspicuous places for
the workers and employees and to explain them frequently to their personnel.
(c) Accidents caused by or arising out of misdemeanors of persons other than
the injured worker or workers are not excluded from the right to compensation.
(d) Diseases not due exclusively to the kind of work performed by the
worker. Compensation in such cases is subject to the following conditions:
1. The disease must be declared to be caused exclusively by the kind of work
performed by the incapacitated worker within the year preceding the
disability.
2. Compensation shall not be paid if it is proved that the worker was suffer
ing from the disease before entering the employment which he had to leave
because of it.
3. Employers are required to have a medical examination made of the workers
in their employ and shall note on the respective register their injuries or
diseases, if any, and shall at the same time give each worker a health certificate
signed by the doctor or agent of the enterprise or by a director of the work.
This certificate shall be made in duplicate; one shall be given to the worker
and the other sent to the National Department of Labor. A worker who does
not agree with the medical certificate given by the enterprise may, within 30
days following issuance of the certificate, appeal the classification to the Na
tional Department of Labor, attaching a certificate signed by a physician other
than the one employed by the enterprise. The employers or contractors may
not refuse to grant the medical certificates referred to, under penalty of a fine
of 200 bolivianos for each occasion.
4. The following occupational diseases shall henceforth be deemed to be
diseases within the meaning of article 13 of this law; viz, Pneumoconiosis,
pulmonary tabacosis, copper poisoning {curpismo], arsenic poisoning, ophthal
mia due to ammonia, carbon bisulphide poisoning, poisoning by hydrocarbons,
phosphorus poisoning, anthrax, occupational dermatitis due to handling of
irritant substances, and ankylostomiasis. The foregoing list may be supple
mented by decree of the Executive.
5. For the general purposes of the law, it shall be presumed that the employer
is liable for every accident of an industrial or occupational character suffered
by his employees, workers, or apprentices; and in every case the employer must
prove that the accident is included under one of the exceptions specified in the
preceding sections in order to be exempt from any liability.
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c o m p e n s a t io n
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Chapter 2.—The employer
Art. 4. For the purposes of the law by “ employer” is understood the indi
vidual or corporation which operates or carries on an industry or work with
the assistance of other persons.
A rt. 5. Where the carrying on or operation of an industry or work, or a part
thereof, is done under contract, the contractor or subcontractor who assumes
the responsibility of the employer in the direction or supervision of the enter
prise shall be considered the employer. Nevertheless the subsidiary liability
of the employer still exists, even though the workers are under the direct
supervision of the contractors procured by the employer for the operation of
his industry, enterprise, or work. If, within 8 days after payment was or
dered, the contractor has not complied therewith, the employer or owner who
engaged him must do so. The employer will then deduct the amount from the
payments made the contractor in accordance herewith.
Art. 6. Employers with a capital of less than 20,000 bolivianos are not re
quired to pay compensation in any form for accidents or occupational diseases
occurring in their enterprises, except in cases where there is a reasonable and
special agreement between the employer and the worker. In such case com
pensation shall be confined to the cases covered in this regulation.
Art. 7. Enterprises with a capital of more than 20,000 bolivianos shall not
be legally liable for accidents or occupational diseases when the workers have
not been employed in the enterprise 14 days, including the day on which the
accident occurred. They shall pay only an amount equal to one month’s wages
in cases of temporary total or partial disability and twice that sum in cases
of permanent total disability or death.
Art. 8. Enterprises with a capital of more than 20,000 bolivianos are liable
for the payment of compensation, provided the injured worker has been em
ployed in the enterprise 14 dlays, including the day on which the accident
occurred.
Art. 9. Any individual or corporation whose commercial and industrial
assets, movable or immovable, are more than 20,000 bolivianos, shall be con
sidered as having a capital exceeding this amount. In cases where there are
employers and contractors, it is sufficient that their combined capital exceeds
20,000 bolivianos for the contractor, or in lieu thereof the employer, to be
required to comply with the provisions of the law.
Art. 10. All employers included under this law must keep three books—one,
a register of workers, in which shall be entered the name, date of entry, resi
dence, age, status, and nationality; another, in which is noted the daily wage,
listing the work done by the job in a separate column; and another for acci
dents, indicating the dates, name, occupation, kind of accident, the amount of
compensation paid, and the total compensation. These books must be kept
without corrections or erasures of any kind, and the judge [el juez parroquial]
or administrative authority of the place may grant permission to view them.
C hapter
3.—Workers
Art. 11. For the purposes of the law and this regulation under the general
term “ worker” shall be included all persons who work for another in enter
prises, industries, or businesses as employees, workers, or apprentices, either for
wages or by the job, with or without remuneration, by virtue of a written or
oral contract.
Art. 12. For the purposes of the law the following are not considered
employees, workers, or laborers, regardless of their remuneration:
(а) Domestic servants, considering as such servants in homes or private
residences.
(б) Workers in agricultural or forestry operations which do not use plowing
machines, tractors, and other machines driven by other than man or animal
force.
(o)
Employees or workers whose salaries exceed 3,600 bolivianos a year and
those whose earnings exceed said figure. Nevertheless, employees or workers
who earn more than 3,600 bolivianos a year shall have the right to receive,
in accordance with the provisions of the law applicable thereto, compensation
up to that sum, without prejudice to actions at civil law which they may bring
before a court of justice.
TE X T OF LAW S— BOLIVIA
C h apter
37
4.—Wages or salaries
A r t . 13. The salary or wage which shall serve as the base for the compensa
tion granted by this law shall be the total remuneration that the worker or
employee received, either in cash or in other form, from the employer or employ
ers in whose service he was at the time of the accident or of the disability due
to disease contracted in the work.
A r t . 14. The total remuneration referred to in the preceding article includes,
in addition to the stipend or wage, either fixed or by the job, bonuses for
economy, speed, or skillful performance of the work; reimbursement for house
rent; payment for overtime; profit sharing; and, in general, any other
additional payments of a usual character in the industry or work under
consideration.
Art. 15. The wage the worker receives partly in kind, such as food, clothing,
fuel, light, lodgings, or in any form other than cash, shall be determined in
accordance with the circumstances under which the work is being done, espe
cially taking into consideration the value in the locality of the products given
and the wage rate for workers of the same class doing similar work, or, in
their absence, the work most similar to that which caused the accident.
A r t . 16. In no case shall the compensation granted by the law be computed
on a salary or wage basis greater than 3,600 bolivianos a year, regardless of
whether it is paid daily or monthly, in cash or partly in kind. Employees and
workers who earn more than 3,600 bolivianos a year or 12 bolivianos a day are
entitled to compute the compensation granted by the law only up to the maximums fixed by this regulation.
A r t . 17. If the worker, laborer, or employee works without pay, on proba
tion, or if his wage has not been agreed upon, the minimum wage for com
pensation purposes shall be 2.50 bolivianos a day or 750 bolivianos a year for
those paid by the month.
A r t . 18. When the wage is indeterminate or variable and is paid either in
cash alone, or partly in kind, the average amount earned or received during
the preceding 90 working-days shall be taken as the base.
In cases where the worker has not been in the employ of the enterprise for
90 days the average earnings for the days he had worked shall be taken.
A r t . 19. When the wage is fixed and paid in cash or in kind the daily wage
taken shall correspond to the daily wage last received by the worker or
employee.
A r t . 20. The daily wage being determined, the monthly wage shall be com
puted by multiplying it by 25; the annual wage shall be computed by multiply
ing the monthly wage by 12 or the daily wage by 300. For employees paid
by the month the daily wage is obtained by dividing the monthly wage by 30;
the annual wage is obtained by multiplying the monthly wage by 12.
C h apter
5.—Industries or works covered ty the law
A r t . 21. As a general rule, all national or foreign industries and enterprises
of either a permanent or temporary character which, due to their type, ob
ject, or the hazard of the work, subject the workers or employees to industrial
accidents or occupational diseases arising directly out of or in the course of
the employment, shall be subject to the industrial accident law.
C h a p t e r 6.— Disabilities
Art. 22. For the purposes of legal compensation, the disabilities resulting
from industrial accidents shall be classified in one of the following classes:
(a) Death; (&) Permanent total disability; (c) Permanent partial disability;
(d) Temporary total disability; (e) Temporary partial disability.
Permanent total disability is that which absolutely incapacitates the worker
or employee from ever performing the work he was doing, or any other work,
either similar to or different from that of his trade or occupation.
Permanent partial disability is that which has caused injuries to the worker
or employee which, while they do not make it impossible for him to continue
to work at the same or other tasks, do impair his productive ability
permanently.
Temporary total disability is that which totally disables the worker for a
period of not less than six days nor more than one year.
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Temporary partial disability is that which has produced incapacity for work
for a period of not less than six days nor more than a year from the time of
the accident. In order that temporary partial disability exist, it is essential
that the worker is able to perform the same work or tasks he did before the
accident occurred.
Chapter 7.—Employer’ s liability and compensation
Art. 23. After an accident occurs, the first duty of the employer is to pro
vide medical and pharmaceutical attention for the injured worker or workers.
Art. 24. If it is not possible to give medical and pharmaceutical aid at the
work place, the employer, at his own expense, shall have the worker taken, if
his condition permits, to the nearest town, hospital, or place where treatment
can be given.
A rt. 25. The attention the injured worker should receive comprises medical
and surgical services, medicines, orthopedic apparatus, and, in general, all
therapeutic means or auxiliary aids for the treatment necessary to effect
a cure.
Art. 26. Medical and pharmaceutical assistance should be given by the physi
cian and druggist whom the employer designates. Business concerns are for
bidden to use the services of medical students or empirics. The injured worker
has, however, the right to refuse the medical and pharmaceutical aid provided
by the employer. In such cases, the obligations imposed on the employer by this
law cease and he has only to defray the costs of first aid.
Art. 27. Upon the occurrence of an accident, the employers, in accordance
with article 24, are required to defray the expenses of transportation, hospital
ization, and medical and pharmaceutical attention, but none of these expenses
may be deducted from the compensation granted the injured workers.
Art. 28. Compensation shall be paid in national legal currency.
Art. 29. Payment of all compensation shall be made with receipt or voucher
in accordance with the civil law. In either case, a notice shall be sent to the
National Department of Labor.
Art. 30. In case of the death of the injured worker, the employers shall
pay in a lump sum compensation equal to two years’ wages. Such compensa
tion, which may in no case exceed 7,200 bolivianos, shall be paid to the
members of the family of the deceased who were under his care and entitled
to claim maintenance under the civil law. If some or all of these heirs have
concurrent rights, the compensation shall be divided in accordance with the
provisions of the Civil Code governing inheritance, and the sum derived from
the compensation shall be treated as community property.
The heirs of an alien worker killed in an industrial accident shall receive
the compensation due them whether or not they reside in the country at the
time of the accident.
Art. 31. When the accident causes permanent total disability, the worker is
entitled to an amount equal to two years’ wages, which must be paid in a
lump sum.
Art. 32. The following shall be considered permanent total disability:
(a)
The total loss or loss of the essential parts of both upper extremities,
or of both lower extremities, or of one upper and one lower extremity. The
hand and the foot are considered essential parts.
(&) Permanent injury of one of the principal joints (ankylosis of the hip or
shoulder joints; general ankylosis of the spine; total paralysis of the limbs).
(c) Loss of both eyes, understanding thereby loss of the organ or total loss
of sight.
(d) Total loss of one eye with serious impairment of the sight in the other
(less than 3 diopters).
(e) Incurable mental derangement.
(f) Organic or functional injuries of the brain and of the respiratory and
circulatory systems which prevent the worker from doing work thereafter, and
are considered incurable.
Art. 33. If the disability is permanent partial, the compensation shall be on
the following bases:
Partial disabilities are—
(&) The loss or complete loss of use of the right upper extremity, either
totally or its essential parts, consider'ng as such for this case, all of the fingers,
even though the thumb remains.
TEXT OF LAW S---- BOLIVIA
39
(6 )
The loss or complete loss o f use o f the left upper extremity, either totally
or its essential parts, considering the hand and all o f the fingers as essential
parts.
(o)
The loss or loss o f use o f one o f the low er extremities, either totally
or its essential parts, considering the foot as an essential part.
( d)
F or the purposes o f compensation, permanent partial disability becomes
permanent total disability when the injured worker is over 60 years o f age
at the time o f the accident.
E very injury causing permanent partial disability is compensable as follow s,
the maximum compensation being fixed at a sum equivalent to [the wages fo r ]
one and a half years’ or 18 months’ work, which sum may in no case exceed
5,400 bolivianos:
Valuation
of
R eduction
in
Earning Capacity
Per cent
Total loss of use of right arm--------------------------------------------------------------- 100
Total loss of use of left arm_________________________________________ 80
Total loss of use of right thumb________________________________________ 40
Total loss of use of left thumb________________________________________ 30
Total loss of use of right index finger_________________________:_________ 25
Total loss of use of left index finger__________________________________ 20
Total loss of use of a middle finger____________________________________
9
Total loss of use of a ring finger----------------------------------------------------------9
Total loss of use of a little finger______________________________________ 13
Total loss of use of right leg___________________________________________ 100
Total loss of use of left leg___________________________________________100
Total loss of use of right foot________________________________________ 90
Total loss of use of left foot_________________________________ !_________ 90
Loss of sight in one eye_______________________________________________ 50
Total loss of hearing_________________________________________________ 50
Hernia_______________________________________________________________ 15
Double hernia_______________________________________________________ 30
A rt. 34. For the purposes o f compensation, any injury not covered in the above
table shall be determined by a physician agreed upon by the worker and the
employer.
A rt. 35. When there is a disagreement as to the percentage o f compensation
which applies, the National Department o f Labor shall settle the question.
A rt. 36. During the treatment or cure o f a permanent partial disability, the
worker shall not receive any wages, being entitled only to the compensation
fixed by this law.
A rt. 37. When an injury causes temporary total disability, the employer shall
pay the injured worker one-half o f his daily wage during his disability, pro
vided this does not last over one yea r; in case it does, the disability shall be
considered permanent total and shall be covered by the compensation fixed there
for, the employers being allowed at the time o f settling the claim to deduct only
the wages paid during the period o f incapacity. The wages shall be paid by the
week.
A rt . 38. Temporary partial disabilities likewise entitled a worker to compen
sation o f one-half the daily wage, provided the disability does not last longer
than one year from the time o f the accident. In case it does, the temporary
partial disability shall be subject to the rules set fo r permanent partial disa
bilities. In this case the employers on settling the claim may deduct only the
wages paid during the period o f incapacity. The wages shall be paid in the
same w ay and under the same conditions as are prescribed by the preceding
article.
Chapter 8.—Accident reports—Actions for compensation—Department of Labor
A rt. 39. A ll police stations shall keep an “ industrial accident register,” in
which shall be entered the date the accident is reported, the date o f the accident,
the name o f the injured worker, the enterprise where he works, and the details
o f the accident.
A rt . 40. The injured worker or, as the case may be, any person who witnessed
the accident or who knows o f it shall notify the enterprise, on the one hand,
and also, necessarily, the nearest police.
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Art. 41. Under penalty of a fine imposed by the National Department of Labor
of not more than 100 bolivianos for each offense, the police authority is required
to issue a duly signed and dated receipt for the report and to investigate the
accident as promptly as possible.
Art. 42. The notices should be given to the police as well as to the enterprise
within 48 hours after the accident, if possible.
Art. 43. Reports made by mail or telegraph have the same value as those
made in person.
Art. 44. Within 3 days after notice of the accident, the enterprises, as well as
the police, must give the National Department of Labor a detailed report of the
accident, accompanying the same with the certificate of the doctor attending
the injured worker.
This report must contain specifically: (a) The name of the injured worker;
(&) his age; (c) his occupation; (<?) his daily wage; (e) the nature of the
accident; ( f ) his condition; ((f) the classification of the accident, the compen
sation the injured worker will receive, and a statement as to whether he, his
relatives, or his family are satisfied.
Art. 35. Enterprises or employers who do not make the report in accordance
with the preceding article, and within the time stated, shall be subject to a
fine of 100 bolivianos for the first offense and of twice that sum for the second.
Enterprises or employers who fail to comply with the requirements of the
preceding article three or more times shall pay a fine of 500 bolivianos for
each time.
A rt. 46. On the other hand, police authorities who do not send the informa
tive notice to the National Department of Labor under the conditions and
within the time stated above shall be subject to a fine of 50 bolivianos the first
time and of twice that amount in case of repetition. The fines may be deducted
from the respective treasuries upon notice from the National Department of
Labor, and shall, with the fines imposed upon the enterprises, be used to in
crease the “ Guaranty Fund ” referred to in a subsequent article. The police
authority who for the third time fails to make a report of an accident shall be
subject to immediate discharge, upon notice by the National Department of
Labor.
Art. 47. Services rendered by the police authorities, the National Department
of Labor, etc., shall be absolutely gratuitous.
Art. 48. After making a report of the accident, and if the injuries result in
death or permanent total disability, the enterprises shall proceed at once to
settle the claim on the bases prescribed by the law and this regulation. Never
theless, the enterprises shall demand, before the settlement, a death certificate,
or, as the case may be, a certificate of the physician of the enterprise or of the
place, stating the degree of disability of the worker. If, in the judgment of the
injured worker, his relatives, or heirs, the settlement is delayed, he or they may
obtain a certificate from a physician other than the one connected with the
enterprise, attach it to the complaint, and send it to the National Department
of Labor.
Art. 49. A duplicate of the certificate of settlement of the accident shall be
sent to the National Department of Labor, accompanied by a statement from
the injured worker, his family or heirs, expressing his or their agreement or
disagreement with the compensation paid.
Art. 50. In a case when, in the judgment of the National Department of
Labor, the enterprises or employers have delayed the payment of compensation
when due, or have not paid it in accordance with the provisions of the law and
this regulation, it shall commission the official whom it thinks suitable to go to
the place of the accident [and investigate] and report on the grounds for the
complaints received.
Art. 51. In case an enterprise or employer, in the judgment of the National
Department of Labor, has not paid compensation at the proper time—that is,
when the death or permanent total or partial disability has been certified—
nor in the amount fixed by this regulation, the said National Department may
impose a fine of 100 bolivianos on the employer for the benefit of the injured
worker or workers, without prejudice to the employer’s liability to pay him or
them or his heirs the total amount which in the judgment of the National
Department of Labor may be due him or them as compensation for the accident.
Art. 52. The decisions of the National Department of Labor will not be ap
pealable, but in case of the refusal of an employer to pay the compensation or
fine, the department may institute coercive proceedings against him on behalf
of the injured worker or workers.
TEX T OF LAW S---- BOLIVIA
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Art. 53. The Department of Labor shall be under the control of the Ministry
of Industry, and shall be composed of the members authorized by the budget
law. At least one of these members shall be a physician with a degree from a
Bolivian university or from a foreign university which has been recognized in
Bolivia.
A r t . 54. The Executive Authority shall name the medical member of the
National Department of Labor, and until its remaining members are named the
Ministry of Industry shall hear all claims for compensation for industrial acci
dents and other similar matters.
Art. 55. The obligations of the National Department of Labor in regard to
industrial accidents are:
(a) To hear, intervene in, and decide all matters relative or pertinent to
industrial accidents;
(&) To give free advice and assistance to the workers and employees who
submit their complaints on matters of this kind;
(c) To visit and inspect the various industrial enterprises and works so as to
check their observance of safety and sanitary measures;
(d) To see that enterprises keep their registers of workers, wages, and acci
dents up to date and in perfect condition;
(e) To make detailed annual statistics on accidents which have occurred;
( f ) To present an annual report on the application of the law and the
difficulties encountered in practice, and suggesting modifications which may be
necessary.
Chapter 9.—Sanitary and safety regulations
Art. 56. The following regulations shall be observed in factories, workshops,
and other work places: {a) They shall be kept absolutely clean; (&) precau
tions shall be taken against noxious fumes and dampness; (c) they shall be so
ventilated as to assure the workers a sufficient quantity of fresh air per person;
(d) workrooms shall be properly lighted so as to prevent injury to eyesight,
and shall be provided with filtered drinking water for the workers; (e) in
workrooms containing machinery, notices shall be posted to mark dangerous
places and the machinery, transmission apparatus, pulleys, belts, flywheels,
accumulators, transformers, etc., shall be protected or at least so placed as not
to be dangerous.
Similar regulations shall be observed in regard to steam boilers and gas
tanks, which shall have the proper safety valves and the necessary water
pressure.
A r t . 57. For the purposes o f the preceding article, the National Department
of Labor shall inspect mines, factories, etc., to ascertain the manner in which
these and other safety and sanitation measures not mentioned in this regulation
are being observed.
Instructions issued by the National Department of Labor shall have the
force of orders requiring employers or contractors to alter their methods so as
to insure more efficient protection for workers by the introduction or improve
ment of safety and sanitary measures.
Chapter 10.—Insurance companies
A rt. 58. Contractors or employers, for the purposes of complying with part or
all of the obligations arising from the law, may insure their workers and
employees collectively with an insurance company.
Art. 59. The taking out of workmen’s insurance, in the manner to be speci
fied herein, eliminates all of the employer’s liability and transfers it to the
insurance company.
Art. 60. Only companies which meet the following requirements can engage
in industrial accident insurance: {a) They must be legally incorporated;
(6) They must have made a deposit of 25,000 bolivianos in cash or national
securities; this deposit shall be made at the order of the National Department
of Labor; (c) their policies must have been approved by the competent au
thority; {d) they must agree to pay the compensation stipulated; (e ) they
must prove to the satisfaction of the National Department of Labor that they
have more than 200,000 bolivianos invested in the country in national personal
and real property; (f) in the case of foreign companies, the said deposit shall
be 100,000 bolivianos; (g) that they deposit an amount equal to the reserve of
40 per cent of the annual premiums, less the year’s cancellations. This deposit
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COM PENSATION LEGISLATION
^hall be modified from year to year according as the premiums increase or
decrease.
Art. 61. The employer or contractors, when they have insured part or all of
their liabilities, shall so inform the National Department of Labor; they shall
also inform it when the insurance is transferred to other companies, or no
longer exists, or lapses because of expirations or cancellations.
Art. 62. The laborer, worker, or employee covered by a policy, or his heirs
in case of his death, is required to bring his claim for compensation directly
against the insurance company.
Chapter 11.—Miscellaneous
A rt. 63. In the event of an employer’s bankruptcy, claims of the workers
for compensation due shall have preference, in accordance with article 1444,
paragraph 4, of the Civil Code.
Any renunciation of the benefits of this law is void.
A rt. 64. Compensation for industrial accidents due to legal heirs cannot be
attached nor transferred.
A rt. 65. Claims fo r compensation must be brought within one year after
the accident, provided the accident was not reported at the opportune time.
A rt. 66. The employers or insurers may constitute a special fund called the
“ guaranty fund,” in accordance with article 16 of this law.
A rt. 67. Women and children shall enjoy the same privileges that this law
grants to adult male workers.
The Minister of Finance and Industry is charged with the execution and
enforcement of this decree.
SUPREME DECREE OF MARCH 20, 1926
Procedure in accident cases
A rticle 1. As soon as a police authority receives a report of an accident
which causes merely temporary disability, he shall see that an agent interviews
the injured worker, hears his version of the case, and checks it with the data
furnished by the employer, especially as regards to wages and duration of
employment. He shall also see if medical and pharmaceutical assistance is
being given the worker and, if necessary, order him sent to a pay ward in a
hospital. He shall report thereon to the National Department of Labor within
the stated period.
Art. 2. If the industrial accident causes permanent disability, the agent,
in addition to complying with the preceding article, shall go to the place of
the accident to investigate how the accident occurred, receive statements from
witnesses, and, if necessary, appoint experts, whose reports shall clear up the
conditions surrounding the occurrence, all depending on the greater or lesser
importance thereof and whether the versions give rise to question or doubt.
This duty may be subdelegated to the mayor (corregidor) of the canton.
A rt. 3. If the accident caused the death of the worker, the said investigations
shall be made at the place of the accident, arrangements shall be made as to
funeral expenses, and an inquiry made concerning the relatives of the injured
worker and the persons who were under his protection.
A rt. 4. The Department of Labor shall decide, in view of the summary
administrative investigation, as to whether the case should be received for
hearing within 8 days. If it decides in the affirmative, the nearest police
authority shall inform the parties of the beginning of this period and shall
receive the proofs offered, reporting to the proper authority upon the termina
tion of the period.
A rt. 5. In claims for compensation for an occupational disease the police
shall limit themselves to requesting information from the employer or the
enterprise, so that the National Department of Labor may decide as to the
opening of the period allowed for presenting evidence in accordance with the
preceding article.
A rt. 6. If the enterprise or employer has failed to report the accident, the
police shall so inform the Department of Labor, in order that it may impose
the fine, without prejudice to complying with the provisions of the preceding
articles and of requiring them to submit the detailed report called for by
article 44 of the supreme decree of July 21, 1924. In this case and when they
refuse to furnish the injured worker medical attention or to pay the funeral
expenses the police authorities are empowered to resort to a writ of execution.
TEXT OE LAW S---- BOLIVIA
43
Art. 7. In the Departments of Beni, Santa Oruz, and Tarija, as well as in
the National Territories (Distritos Delegacionales), the police are authorized,
when urgently needed, to compel the delivery of a proportional part of the
compensation due to the injured workman or his rightful heirs, subject to the
approval of the National Department of Labor, observing strictly in the matter
the provisions of the law of January 19, 1924.
Art. 8. In hearing claims for wages between employers and workers the
police shall proceed in accordance with the law of November 20, 1895, and shall
report to the National Department of Labor.
The Minister of Finance and Industry is charged with the execution and
enforcement of this decree.
SUPREME DECREE OF JUNE 7, 1926
Guaranty Fund
Article 1. An account shall be opened in the National Treasury for the
administration of the funds of the Guaranty Fund of the National Department
of Labor, investing the said funds in a manner which shall yield not less than
6 per cent interest annually, whether in a special account in the Bank of the
Bolivian Nation, in mortgage bonds, or in national bonds.
Art. 2. The current account of the National Department of Labor in the
Bank of the Nation shall be balanced on the 30th of June of this year and the
balance shall be deposited in the National Treasury for the opening of the
above-mentioned account.
Art. 3. In the future the funds which employers deposit as compensation for
industrial accidents shall be considered judicial deposits in the Bank of the
Nation and the certificates [of deposit] issued by* the Bank shall be filed with
[the papers] in their respective cases [subject] to the order of the National
Department of Labor. If a year should pass from the time of the accident with
out such funds having been claimed, the chief or assistant chief of this depart
ment shall order their payment into the National Treasury.
Art. 4. When it is necessary to draw upon these special funds of the National
Treasury, the head of the National Department of Labor shall present an
estimate therefor, so that a supreme order for payment may be issued.
The Minister of Finance and Industry is charged with the execution and
enforcement of this decree.
SUPREME DECREE OF MAY 24, 1927
Costs and delivery of compensation
Article 1. Whenever compensation is to be paid, the worker or interested
heirs shall be required to state the sum to be paid the attorney or other
person in charge of their case, in order that it may be deducted from the amount
of the compensation, so as not to give rise to further claims. The balance shall
be delivered to the worker or interested heirs in person.
In case the parties can not agree upon the amount the National Department
of Labor shall decide it, taking into consideration the work done and expenses
incurred.
Art. 2. In matters concerning industrial accidents and the collection of wages,
but only when the claim is contested, the fee of the lawyer shall be regulated
according to the amount involved in order to determine the relations between
the worker and his counsel, if the intervention of the latter is of record. There
shall be no costs for the other party.
Art. 3. The costs of cases involving commercial employees shall be governed
by the Civil Code (Compilaoion Civil).
The Minister of Industry is charged with the execution and enforcement of
this decree.
LAW OF APRIL 18, 1.928
Occupational Diseases
Article 1. Occupational diseases are those contracted in the exercise of
various occupations or trades. Poisonings and affections caused by the han-
13494°—30----- 4
44
■w
o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
dling of irritant substances or the inhaling of injurious gases or organic or
mineral dust must be included among occupational diseases.
A rt. 2. Occupational diseases include: Pneumonoconiosis; arthracosis; siderosis; lead, mercurial, and copper poisoning; ophthalmia due to ammonia;
poisoning by carbon disulphide, hydrocarbons, and phosphorus; occupational
dermatosis; tabacosis; anthrax; pulmonary sclerosis; nephritis; and pulmo
nary tuberculosis. Chronic bronchitis is considered a relative disability.
A rt. 3. Occupational diseases give rise to compensation the same as indus
trial accidents under the follow ing conditions:
(a)
That the disease is contracted by the worker in the exercise of his
occupation or trade. This shall be determined by the medical examination
which should be made before [workers] are employed in factories, workshops,
mines, etc., the condition of health or illness of those who are seeking work
being stated in a certificate, so that in case of accident such illnesses will not
be considered;
(&)
That the disease is due to the type of work performed by the worker
during the year preceding disability;
(c) That the worker had not suffered from the disease before taking up the
work which he had to give up.
A rt. 4. Miners in underground workings or workers in ore mills or smelters,
i. e., those who are principally exposed to pneumonoconiosis or miner’s disease,
will be entitled to 30 days’ annual leave with full pay, provided the work was
continuous throughout the year.
A rt. 5. In all claims on account of occupational disease testimony as to the
cause and nature of the disease itself shall be dispensed with since the worker
whose condition does not agree with the result of the medical examination
made before or right after the beginning of his employment may claim compen
sation before the General Labor Office on presentation of another medical
certificate issued by a physician of recognized ability.
A r t . 6. The prescription to which article 15 of the law of January 19, 1924,
refers, shall begin to run from the day on which the worker has to leave his
work because of the disease.
A rt. 7. All provisions contrary to this law are hereby repealed.
REGULATORY DECREE OF JUNE 11, 1928
A r t ic l e 1. The following are occupational diseases, provided they were con
tracted in the exercise of the various occupations or trades: Pneumonoconiosis
or miner’s disease; anthracosis; siderosis; lead, mercurial, or copper poison
ing; ophthalmia due to ammonia; poisoning by carbon disulphide, hydro
carbons, or phosphorus; occupational dermatosis; tabacosis; anthrax; pulmo
nary sclerosis; nephritis; pulmonary tuberculosis; chronic bronchitis; any
other poisoning or affection caused by the handling of irritant substances, or
the inhaling of injurious gases or organic or mineral dust.
A rt. 2. If one of these diseases causes permanent total disability for all
work, the compensation shall be equivalent to two years’ wages.
A rt. 3. If the disability is permanent partial for a determined class of occu
pations, the compensation shall be equivalent to one and one-half years’ wages;
chronic bronchitis, of course, is included in this class.
A r t . 4. If the disability is merely temporary, the obligation of the enterprise
or employer is to grant half pay to the worker and to take care of the expenses
of the cure; in this case final judgment on the accident shall be reserved until
a year elapses from the day on which the worker was obliged to give up
his work.
Art. 5. Every enterprise or employer must require new workers to submit
to a medical examination before beginning work in factories, workshops, and
mines, evidence of which must be entered in a book which must be kept for
that purpose, inserting the respective certificate for each worker.
If the worker disagrees with the result of this medical examination, he may
obtain a certificate from another physician of recognized ability to present
before the National Department of Labor directly or through the nearest
police department. The General Labor Office shall hear such [medical] adviser
and shall decide whether or not the original examination should be corrected.
A r t . 6. When the employer has omitted the examination required by the law
of April 18, last, it will be understood that he regarded it as needless in order
to judge the worker’s health, it being unnecessary that the latter produce
other proof in the trial to prove such point.
TEXT OF LAW S---- BOLIVIA
45
Art. 7. In the summary trial on account of occupational disease, testimony
shall not be admitted as to the cause and nature of the disease itself. How
ever, witnesses may testify as to the conditions under which the worker
performs his work in the mine, factory, workshop, or establishment in order to
determine the relation between the class of work performed and the disability.
Art. 8. The term of the one-year prescription for the complainant worker
shall run from the time he had to give up his work because of the alleged
occupational disease.
Art. 9. Mining enterprises are required to report to the National Department
of Labor when miners and workers in underground workings, in ore mills and
smelters, take their leave, giving their names and length of service. Such report
shall be made annually, and the first date therefor will be on April 18, 1929.
BRAZIL
DECREE NO. 3724 OF JANUARY 15, 1919
Chapter 1.—Industrial accidents
Article 1. For the purposes of this law, the following shall be considered
Industrial accidents:
(a)
These produced by a sudden, violent, external, and involuntary cause in
the course of the work, which result in bodily injuries or functional dis
turbances, constituting the sole cause of death, or total or partial, permanent
or temporary, incapacity for the work.
(&)
Diseases contracted exclusively during the course of the work and due
to the nature of the said employment, and which result in the death of the
worker or his permanent or temporary, total or partial, incapacity for the
work.
Akt. 2. Any accident, as defined in the preceding article, which arises out of
or in the course of the work makes the employer liable to pay compensation to
the injured worker or his family, except in cases of force majeure or of mis
conduct on the part of the injured worker himself or of third persons.
Art. 3. For the purposes of compensation, the following shall be considered
as workers: All individuals of either sex, whether minors or adults, who work
for another in the following services: Construction, repair, or demolition of
any kind, as of buildings, bridges, railroads, and bighwajTs, electric streetrailway lines, sewer systems, lighting, telephone and telegraph systems, and also
the maintenance of such services; transportation work, loading and unloading;
industrial establishments and agricultural enterprises in which mechanical
power is used.
Art. 4. The liability established in article 2 is applicable also to the Federal
Government, the States, and the municipalities, as regards persons employed
by them in the occupations specified in the preceding article.
Chapter 2.—Compensation
Art. 5. Compensation shall be computed according to the seriousness of the
accident, in so far as it results in: (a) Death; (?>) permanent total disability;
(c) temporary total disability; (d) permanent partial disability; (e) tempo
rary partial disability.
1.
The classes of disability shall be defined and specified in the regulations
of this law. Disability lasting more than one year shall be considered
permanent.
Art. 6. In computing the compensation, the amount used as the base shall not
be in excess of 2,400 milreis9 annually, even though the wage of the injured
worker exceeds that amount.
Art. 7. In case of death, compensation shall be a sum equal to three years’
wages of the deceased, which shall be paid in a lump sum to the family (the
surviving spouse and rightful heirs), in accordance with the provisions of the
Civil Code as to the order of inheritance, and an additional sum of 100 milreis
for funeral expenses.
1. The surviving spouse shall be entitled to one-half of the compensation and
the other rightful heirs to the remaining half, in accordance with the common
law.
2. If the deceased leaves either a spouse or other rightful heirs, but not both,
the compensation shall be reduced to a sum equal to two years’ wages. The
same reduction shall be made if the surviving spouse had been divorced for
misconduct, or had been voluntarily separated.
*1 milreis (currency) at par = 54.62 cents.
46
TEXT OF LAW S— BRAZIL
47
3. When there is no surviving spouse, or when he or she had been divorced
for misconduct or had been voluntarily separated, and when there are no rightful
heirs, if the deceased leaves persons dependent upon him, they shall be paid
compensation equivalent to the wages for one year.
Art. 8. In case of permanent total disability, the injured person shall receive
compensation equivalent to the sum of three years’ wages.
Art. 9. In case of temporary total disability, the compensation paid the injured
person shall be one-half his daily wage for a period not exceeding one year. If
the disability extends beyond that period, it shall be considered permanent, in
accordance with the terms of paragraph 1 of article 5, and the compensation
shall be fixed in accordance with the terms of the preceding article.
Art. 10. In case of permanent partial disability, the compensation paid the
injured person shall be from 5 to 60 per cent10 of the amount to which he would
be entitled were the disability of a permanent total character, taking into con
sideration the nature and extent of the disability, according to the classification
which shall be established in the regulation of this law.
A rt. 11. In case of temporary partial disability, the compensation paid the
injured person shall be one-half the difference between the wag a earned prior
to the accident and that which he earns as a result of his diminished working
capacity until he has regained his full normal ability.
Art. 12. If the total or partial disability lasts for more than one year, the
injured person shall, at the expiration of that period, receive the compensation
provided for in case of permanent disability in lieu of the daily allowance.
1. The person injured in an accident shall lose the right to the daily allow
ance from the day when he is pronounced cured or able to resume his customary
occupation, or when he is deemed to be permanently disabled. In the latter
case he shall receive the corresponding compensation.
Art. 13. In every case the employer is required to provide medical and phar
maceutical attention from the time of the accident, or hospital treatment when
necessary.
1. When, for lack of a physician or pharmacist, the employer can not furnish
immediate assistance to the injured person, he shall have him removed, if his
condition permits it, to the nearest place where such assistance can be procured.
2. When the condition of the injured person does not permit of his being
removed, the employer shall take steps to procure for him the required as
sistance.
Art. 14. The amount of compensation and of daily allowances received by the
injured person by virtue of any disability shall be deducted from the compen
sation due in the event of his death or of a temporary disability becoming
permanent.
Art. 15. By “ annual wage ” shall be understood an amount equal to 300
times the daily wage received by the worker at the time of the accident.
1. In the case o f apprentices, their daily wage shall be understood to be not
less than the minimum wage received by an adult worker in the same occupa
tion. H o w e v e r , in case o f temporary disability o f an apprentice, the daily
compensation received by him shall not exceed the wage actually received by
the said apprentice.
Art. 16. Compensation provided for by this law shall be paid in the place
where the establishment in which the accident occurred is located, the daily
compensation being paid each week. In case of death, payment to the bene
ficiaries shall be made on presentation of all the necessary documents specified
in the regulations of this law.
A rt. IT. When, after the compensation has been fixed, the injured person
dies as a result o f the accident, or his disability increases or decreases, recurs
or disappears, or it is proved that in the decision a substantial error in cal
culation was made, the employer, the injured person, or their representatives
may petition for a revision o f the decision which determined the result o f the
accident and fixed the compensation.
1. Aggravation o f the injury, or death, caused solely through the fault o f
the injured person shall not be considered as a result o f the accident.
2. The revision referred to in this article must be brought within the period
o f two years from the date the decision was rendered.
Art. 18. Workers employed by the Federal Government, the States, or the
municipalities, who are entitled to benefits from a widow’s fund, annuities, or
10 In the original decree the amounts were 30 to 60 per cent but the minimum wa&
changed to 5 per cent by decree No, 13493 o f Mar. 5, 1919.
48
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
pensions shall not be entitled to claim the compensation specified in articles
7 and 8 o f this la w ; nor those who are entitled to leave w ith pay, for the com
pensation specified in articles 9, 10, and 11.
C h ap ter 3 .—Accident reporting
A rt. 19. Every industrial accident which forces a worker to stop w ork tem
porarily or permanently shall be immediately reported to the police authorities
o f the place by the employer, the worker himself, or any other person. The
police authorities shall immediately visit the place where the accident occurred
and see the injured person, obtaining statements from him, the employer, and
the witnesses, in order to draw up a report o f the case containing the name,
business, and residence o f the employer; name, occupation, residence, and
wage o f the injured person ; the exact place, hour, and nature o f the acciden t;
the circumstances under which it occurred; nature o f the in ju ries; and the
names and addresses o f the witnesses and o f the beneficiaries o f the injured
person.
1. W ithin five days from the date o f the accident, the employer is required
to submit to the police authorities having cognizance o f the case p roof that he
has provided the injured person with medical and pharmaceutical attention,
or hospital aid, a medical certificate concerning the condition o f the injured
party, the probable results o f the accident, and the time within which definite
knowledge o f the results may be known.
2. On the same day the police authorities shall forw ard the report o f their
inquiry, together with the statements referred to in the preceding paragraph,
to the competent judge for the institution o f summary proceedings.
A rt. 20. During the medical treatment it shall be permissible fo r either the
employer or the worker to request that an examination be made to determine
the physical condition o f the la tter; the judge shall designate a physician for
the purpose, and the examination shall be made in the presence o f the attend
ing physician. I f there is a difference o f opinion as to the condition o f the
injured person and his ability to work, the judge shall designate a third physi
cian to make the examination, and the decision shall be based on his report.
C h ap ter 4.— Judicial procedure
A rt . 21. The report o f the inquiry and the documents specified in paragraph
2 o f article 19 having been received by the competent judge, ju dicial proceedings
shall be started immediately and shall be concluded within the period o f 12
days from the date o f the accident. At the end o f such period a decision shall
be rendered and an order issued fo r the payment o f the compensation due.
A rt. 22. All actions instituted under this law shall be tried before a common
court in accordance with the rules o f such judicial body, shall be tried sum
marily, and must be brought within tw o years.
A rt. 23. The representative of the district attorney’s office is required to give
legal assistance to the injured party. The said injured person or his representa
tives shall be allowed a reduction of 50 per cent in the regular fees, payment of
which shall be charged to the person against whom judgment is rendered, in
order that progress of the case may not be delayed by failure to pay the said
charges promptly or by the failure of the employer to pay sums due from him.
A rt. 24. This law does not exclude criminal proceedings in cases provided
fo r by the common law.
C h apter 5.— General provisions
A rt . 25. Compensation awarded to injured persons under this law shall not
be liable to seizure or attachment.
1. Sums due by virtue of awards of compensation shall have a preferential
claim on the products of the establishment in which the accident occurred, as
provided in paragraph 1 of article 759 of the Civil Code as to sums due for
wages of agricultural workers.
A rt. 26. Any agreements contrary to the provisions o f this law, or tending
to evade its application or change the mode o f its execution, shall be null and
void.
A rt . 27. When beneficiaries of the deceased are foreigners, they shall be en
titled to compensation only if at the time of the accident they were living within
the national territory.
TE X T OF LAW S— BRAZIL
49
A r t . 28. Every employer to which this law applies shall post copies of the
said law and its regulations in conspicuous places in their factories, workshops,
and establishments.
A rt. 29. Regulations under this law shall be issued within 30 days, at the
end of which period it shall immediately become effective.
A rt. 30. A ll provisions contrary to this law are hereby repealed.
REGULATORY DECREE NO. 13498 OF MARCH 12, 1919
C hapter 1.—Industrial accidents
A rticle 1. The following shall be considered industrial accidents:
(a) Those produced by a sudden, violent, external, and involuntary cause
in the course of the work, which result in bodily injuries or functional disturb
ances, constituting the sole cause of death, or total or partial, permanent or
temporary, incapacity for the work.
(b) Diseases contracted exclusively during the course of the work and due
to the nature of the said employment, and which result in the death of the
worker, or his total or partial, permanent or temporary, incapacity for the
work.
1. Among others, the following shall be considered occupational diseases:
Poisoning by lead, mercury, copper, phosphorus, arsenic and its compounds;
pneumoconiosis; pulmonary tabacosis; ophthalmia due to ammonia; poisoning
by carbon bisulphide or by hydrocarbons.
A rt. 2. Any accident, within the terms o f the preceding article, arising out
o f or in the course o f the work makes the employer liable to pay compensation
to the injured party, or his fam ily, except in cases o f force m ajeure or o f
misconduct on the part o f the injured party or of third persons.
1. The action of natural forces shall not be deemed to constitute force
majeure when brought about or aggravated by the equipment in the establish
ment, the nature of the employment, or the surrounding circumstances.
A rt. 3. The obligation established in the preceding article shall be applicable
also to the Federal Government, the States, and the municipalities as regards
their employees in the occupations specified in this regulation.
C hapter 2.—Employers and workers
A rt. 4. An employer is a person or corporation by whom the worker is em
ployed.
A rt. 5. A worker is an individual who, regardless of sex or age, renders serv
ices to another, regularly or temporarily, for a renumeration, gratis, or as an
apprentice, outside of his home, in the industries or services enumerated in
chapter 3, except those specified in article 18 of Law No. 3724 of January 15,
1919.
C hapter 3.—Industries and occupations
A rt. 6. The following shall be subject to the provisions of Law No. 3724 of
January 15, 1919:
1. Industries and agricultural enterprises using mechanical power (hydraulic,
steam, electric, wind, gas, oil, compressed air, etc.) :
(a) Hydraulic, mechanical, hydroelectric, electrical plants, etc.;
(b) Mineral-water industries;
(c) Chemical, electrochemical, metallurgical, electrometallurgical, siderurgical
industries, etc.;
(d) Machine building, repair and maintenance of machinery, tools, and
accessories;
(e) Textile industries;
(f) Dairying, manufacture of products of vegetable and animal origin;
(g) Cold-storage plants;
(h) Manufacture of fireworks;
(i) Factories making and establishments using explosives;
0*) Production, cultivation, or preserving of sugar, coffee, cereals, cotton,
cane, starch, rubber, mat6, alcohol, etc.; mills and other machinery;
(Jc) Manufacture of dyes, medicines, paraffin, soap, oils, and fats, and their
products ;
(I) Manufacture of bakery goods, other food products, and starch flour, etc.;
50
W O U K M E N ’ s CO M PENSATION LEGISLATION
(m) Manufacture of building materials and ornamentation—ceramic, wood,
and metal products, plaster, asphalt, cement, etc.;
(n) Establishments using stone-working machines—sand blasters, saws,
molding machines, trimming machines, crushers, lathes, planing machines,
polishing machines, lapidary’s lathes, etc.;
(0) Establishments using wood-working machines—saws, rotary machines,
planing machines, drills, mortising machines, etc.;
(p) Agricultural work (sowing, plowing, cultivating, reaping, etc.), including
preparatory and supplemental work (clearing, leveling, irrigating, draining,
improving, etc.).
2. Construction, maintenance, repair, or demolition of structures of any kind:
(a) Railways—ordinary, cable, cograil, hydraulic, steam, or electric; mono
rail ; street railways, etc.;
(ft) Lighting systems—gas, alcohol, oil, electric, etc.; overhead, underground,
or submarine conduits, inside or outside; accessories and appurtenances;
(c) Telephone, telegraph, and other installations, ordinary and wireless—
overhead, underground, and submarine lines, inside and outside; lightning rods;
their accessories and appurtenances;
(d) Institutions, dwellings, and public buildings—private homes; workshops
(urban, suburban, and rural) ; religious edifices and collective dwellings (tem
ples, churches, inns, hotels, etc.) ; educational buildings (libraries, museums,
academies, schools, etc.) ; amusement buildings and places (theaters, movingpicture houses, casinos, amphitheaters, hippodromes, etc.) ; charitable estab
lishments (asylums, hospitals, sanitoriums, orphanages, etc.); public service
establishments (slaughterhouses, markets, disinfecting plants, night lodgings,
etc.) ; correctional and penal institutions (barracks, penitentiaries, prisons, cor
rectional colonies, houses of detention, and workhouses, etc.) ; courts of justice;
tombs, monuments, etc.;
(e) Sewerage and sanitary systems—excavating, laying of sewers, cleansing,
and similar work; public sanitary and cleaning services; paving and similar
works;
( f ) Canals and all similar hydraulic work, aqueducts, bridges, canals, flood
gates, launching ways, vessels, etc.;
(g) Work of clearing of obstructions, rectifying and regulating rivers, lakes,
etc.. strengthening and protecting the banks, dikes, etc.;
(h) Work in connection with flood control—handling of flood waters; reser
voirs for overflow; dams, dikes, etc.;
(1) Water works—public wells; artesian wells; work of impounding, piping,
filtration, distribution, etc.; reservoirs; auxiliary work, etc.;
(/) Skilled work—Culverts; standard work on wooden, stone, concrete, ce
ment, steel, or metal bridges and viaducts, elevated or subway thoroughfares;
special work on open, subfluvial, submarine, etc., tunnels;
( k ) Vessels, tugs, airships, submarines, etc.;
(I) Maritime work: Work on approaches to ports, small ports ( enibareadouros ), improvement of bars, piers, port protection, breakwaters, internal
works of ports, canals, wharves, dock entrances, coast defense, and auxiliary
work;
(m) Construction of lighthouses, light buoys, charting the coasts, etc.;
(n ) Open foundation work, direct or indirect, with or without caissons, con
tinuous or otherwise, under water, open or pneumatic, sounding work and
diving, etc.;
(o) Highways and crossroads;
(p) Work of any kind in mines, underground, surface, drift, and hydraulic;
wTork in pumping, shafts, and mine galleries;
(q) Constructing scaffolds, frame work, temporary bridges, and similar erec
tions, floors, rafters, trestles, etc.
3. Transportation enterprises by land, sea, rivers, and a ir:
(а) Railroads, street railways, hydraulic, steam or electric traction lines;
(б) Steam, gas, electric, etc., automobiles;
(o) Airplanes, river and ocean vessels of all kinds;
(d)
Wheelbarrows, carts, busses, trucks, carriages for hire, elevators, esca
lators, and any other means of carrying and transporting persons, animals, or
merchandise.
4. Loading and unloading of animals and merchandise by means of freight
elevators, endless chains, winches, tackles, windlass, cranes, hoists, chutes, and
ropes; hydraulic, pneumatic, and electric elevators; metal tray carriers, esca
lators, ship tackle, chain buckets, etc.
TEXT OF LAW S— BRAZIL
51
The enumeration given in this article does not exclude other industrial es
tablishments or agricultural enterprises in which mechanical power is used,
nor any other work of construction, maintenance, repair, or demolition, nor
any other means of transportation, loading and unloading.
C h ap ter 4.— Results of accidents
A rt . 7. For the purposes of compensation, the results of accidents are as
follows: (a) Death; (&) Permanent total disability; (c) Temporary total dis
ability; (d) Permanent partial disability; (e) Temporary partial disability.
A rt. 8. By “ permanent total d isab ility ” shall be understood absolute and
incurable incapacity to perform any work.
A rt. 9. The following are cases of permanent total disability: (a) Incurable
mental derangement; (&) Loss of or loss of use of the essential parts of both
members, whether arms or legs; (c) Loss of or loss of use of the essential
parts of one arm and one leg; (d) Blindness in both eyes, with or without
loss of the organs; (e) Total blindness in one eye, with or without loss of the
organ, and substantial diminution of the visual powers of the other; (f) In
curable injury of the brain, or of the circulatory or respiratory systems.
1. For the purposes of sections {&) and (e) of this article, the hand or the
fingers thereof and the foot shall be considered as essential parts of the mem
bers of the human body.
A rt. 10. By “ temporary total disability ” shall be understood that which
incapacitates the worker from performing any work for a certain period of
time.
1. When total disability lasts for more than one year it shall be considered
permanent.
A rt . 11. By “ permanent partial disability” shall be understood that which
diminishes the working capacity of the worker throughout his life.
1. Cases of permanent partial disability included in the schedule annexed
hereto, as well as cases of permanent total disability referred to in article 9,
do not exclude any others which deserve to be considered such by the judge as
shown by a qualified examination.
A rt. 12. By “ temporary partial d isab ility” shall be understood a lessening
o f the productive capacity o f the worker for a certain period o f time.
1. Temporary disability lasting over one year shall be considered permanent.
Chapter 5.— Compensation
A rt. 13. In computing the compensation, the amount used as the base must
not be more than 2,400 milreis annually, even though the wage o f the injured
person exceeds such amount.
A rt. 14. By “ annual wage ” shall be understood an amount equal to 300
times the daily wage o f the injured worker at the time o f the accident.
1. The entire wage or any part thereof which is paid in kind shall be con
verted into money, according to current wages and prices in the locality.
A rt. 15. When a worker renders services to tw o or more employers at differ
ent hours, his daily wage shall be computed as i f the entire remuneration had
been received in the service o f the employer fo r whom he was working when
the accident occurred.
1.
If the accident occurs during the first hours of the day, the daily wage
shall be computed on the basis of the average wage of the preceding days of the
worker himself or of others performing work under similar conditions or who
are occupied in similar work to that performed by the injured worker.
A rt. 16. In case o f work performed by the piece, by the job, or fo r a variable
wage, the wage shall be based on the average wage o f the workers, as specified
in the preceding article.
A rt. 17. In the case of apprentices, it shall be understood that their daily wage
shall not be less than the minimum wage received by an adult worker employed
in similar work; however, in case of temporary disability, the daily compensation
received by the injured person shall not exceed that actually received by him at
the time of the accident.
A rt. 18. In case of death, the compensation shall consist of a sum equal to
three years’ wages of the deceased, and shall be paid in a lump sum to his
family (surviving spouse and rightful heirs) in accordance with the provisions
of the Civil Code
to the order of inheritance, and in addition, 100 milreis
for funeral expenses.
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1. In accordance with the common law, the surviving spouse shall be entitled
to one-half of the compensation and the other rightful heirs to the other half.
2. If the deceased leaves either a spouse or other legal heirs, but not both,
the compensation shall be reduced to a sum equal to two years* wages of the
deceased. The same reduction shall be made if the surviving spouse had been
divorced for misconduct or had been voluntarily separated.
3. When there is no surviving spouse, or when the said spouse had been
divorced for misconduct, or had been voluntarily separated, and when there are
no rightful heirs, if the deceased leaves persons who were directly dependent
upon him, they shall receive compensation, which shall be reduced in this
instance to an amount equal to one year’s wages of the deceased.
A rt. 19. In case of permanent total disability, the compensation to be paid the
injured person shall be equal to the sum of three years’ wages.
A rt . 20. In case of temporary total disability, the compensation to be paid
the injured person shall be one-half of his daily wage for a period not exceeding
one year. If the disability extends beyond this period it shall be considered
permanent as stated in paragraph 1 of article 10, and the compensation shall
be fixed in accordance with the provisions of article 19.
A rt. 21. In case o f permanent partial disability, the compensation to be paid
the injured person shall be from 5 to 60 per cent o f the amount to which he
would be entitled in case o f permanent total disability, taking into consideration
the nature and extent o f the disability o f the worker and also the follow ing
condition s:
( a)
His working capacity after the accident; (b) age; (c) intelligence; (d)
degree of education; (e ) initiative and moral courage; (f) ability to adapt
himself to other work; (g) assurance as to the worker’s being able to perform
the same work in which he was occupied at the time of the accident.
1. Computation of the compensation shall be made in accordance with the
classification in the schedule annexed hereto, which does not exclude other
cases of permanent partial disability caused by external or internal injuries.
2. In case of the loss of more than one member or organ, or of more than
one part of the same member, the compensation shall be computed by adding
the percentages fixed in the schedule annexed hereto for each injury; provided,
however, the total does not exceed 60 per cent.
A rt. 22. In case o f temporary partial disability, the compensation to be paid
the injured person shall equal one-half the difference between the wages earned
prior to the accident and those which he receives as a consequence o f his de
creased working capacity, and it shall be paid until he regains his form er
capacity in full.
1. The daily allowance provided for in this article and article 20 shall be
computed from the day following that on which the accident occurred, the
injured person receiving full pay for the day of the accident, regardless of the
hour at which the said accident occurred.
Art. 23. When total or partial disability lasts for more than one year, the
injured person shall, at the expiration of that term, be paid the compensation
provided for in case of permanent disability in lieu of the daily allowance.
1. The injured person also loses the right to the daily allowance from the
day on which he is pronounced cured or able to resume his usual work, or is
declared to have suffered a permanent disability. In the latter case he shall
receive the compensation corresponding thereto.
Art. 24. Any compensation and daily allowances received by the injured per
son on account of a disability shall be deducted from the compensation due in
the event of the death of the injured person or of his temporary disability
being declared permanent.
Art. 25. The compensation and daily allowance fixed by this regulation shall
be paid in the place where the establishment in which the accident occurred
is located.
1. Daily allowances shall be paid weekly.
2. In case the accident occurs in a transportation enterprise, payment shall
be made at the headquarters of the enterprise.
A rt . 26. In case of death, payment to the beneficiaries shall be made after
presentation of the certificate of death, of marriage (if the deceased was mar
ried), or filiation, and any others deemed necessary by the judge.
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C h ap ter 6.— Guaranty of compensation
Art. 27. Amounts due by way of compensation under this regulation shall
not be liable to attachment or seizure.
1. Sums due by virtue of awards of compensation shall have a preferential
claim on the products of the enterprise in which the accident occurred, as pro
vided in paragraph 1 of article 759 of the Civil Code, as to sums due for wages
of agricultural workers.
2. By “ enterprise ” shall be understood a factory or an establishment manu
facturing or preparing any product.
A rt . 28. Employers may legally—
(a) Carry individual or collective insurance on their workers in an insur
ance company duly licensed to insure against industrial accidents, whether for
the payment of compensation or for the payment of medical, pharmaceutical
and hospital attention;
(b) Carry the insurance specified in the preceding sentence in mutual asso
ciations, organized in accordance with legislative decree No. 1637 of January
5, 1907.
1. In no case may the employer deduct any contribution from the wages of
his personnel, whether it is to pay the cost of the insurance or of dues to the
association.
A rt. 29. Insurance companies shall be authorized to insure against industrial
accidents only if they comply with the following conditions:
(a) They must separate their industrial accident insurance from any other
insurance in which they may engage;
(&) Create a special guaranty fund, the amount of which shall be fixed
annually by the Ministry of Agriculture, Industry, and Commerce, according to
the value of the insurance carried;
(c) Submit to the control of the Ministry of Agriculture, Industry, and Com
merce, without prejudice to the supervision of the insurance inspector;
(d) Remit to the above ministry, at specified times, the by-laws, balances,
reports, detailed information on rates, calculation of insurance reserves, con
tracts, and any modification thereof, copies of policies, etc.
1. Mutual associations shall be authorized to insure against industrial acci
dents only if they fulfill conditions (6); (c), and (d) of this article.
A rt. 30. The guaranty fund referred to in article 29, paragraph (6), shall be
deposited in the National Treasury in cash or in Government bonds.
Art. 31. Employers must report to the insurance company or mutual asso
ciation, within 24 hours thereafter, any accident and all the circumstances con
nected therewith, in order that it may fulfill its contract obligations.
A rt. 32. The Government may revoke the license granted insurance companies
or mutual associations when they fail to comply with the conditions specified
in this regulation.
1. An advisory commission shall be organized to study questions concerning
insurance against industrial accidents.
A rt. 33. Should the insurance company or mutual association fail to satisfy
fully the obligations established by this regulation, the injured person, per
sonally or through his representatives, may appeal to the representative of the
Attorney General, who shall immediately bring action to compel the employer
to satisfy the same.
C h ap ter 7.—Medical and pharmaceutical attention, and hospital treatment
A rt. 34. In every case the employer is required to furnish medical and
pharmaceutical attention from the time of the accident, and hospital treatment
when necessary.
1. When, due to lack of a physician or pharmacist, it is impossible to furnish
immediate assistance to the injured person, the employer shall have the in
jured person removed to the nearest place where such assistance is available,
provided his condition permits.
2. If the condition of the injured person does not permit of his removal, the
employer shall take measures to procure the required attention for said person.
A rt. 35. Physicians attending persons injured in accidents are required to
certify—
(a)
Whether the accident caused the injured person’s incapacity for the
work;
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(l>) The nature of the accident and the probable duration of the disability;
(c ) Whether, during the course o f the Illness, it would be possible for the
injured person to return to his w o rk ;
(d) If the cure or recovery of the injured person is effected and a disability
results, the nature thereof;
(e) Whether the accident caused the death of the injured person.
1. In the cases specified in (a) and (e) of this article, the physician is re
quired to give in detail the cause of the disability or death, stating whether
there were internal or external injuries, and the nature thereof.
C hapter 8.— Medical proof
A rt. 36. During the treatment it shall be permissible for either the employer
or worker, personally or through his representatives, to request an examination
of the state of health of the said worker, and the judge shall designate a physi
cian to make an examination, which shall be performed in the presence of the
attending physician.
1. If there is a difference of opinion between the two physicians as to the
condition of the injured person and his ability to work, the judge shall desig
nate a third physician to make the examination, and the decision shall be based
on his report.
2. When fixing the date of the healing of the injury, in order that the tem
porary disability may be considered permanent, the patient’s condition may
likewise be determined by the judge “ ex officio ” or on petition of the insurance
company or mutual association when the worker is insured by one of these
institutions.
A rt. 37. When doubt arises as to the cause o f the death, the judge may order
an autopsy o f the deceased worker who died immediately or a short time after
the accident.
A rt. 38. In all cases where medical proof is required, the judge shall desig
nate the physicians and award them proper remuneration.
A rt. 39. In any medical examinations which may be ordered, persons con
nected by relationship or interest with the employer or injured person shall not
be allowed to serve as experts.
A rt. 40. The examining physician shall render his decision within the period
of five days from the date of his designation by the judge.
C hapter 9.— Report of accidents
A rt. 41. Any industrial accident which compels a worker to stop w ork shall
be immediately reported by the employer to the police authorities o f the place.
1.
Such report may also be made by the worker himself or by any other
person.
A rt. 42. The police authorities shall, without delay, visit the scene of the
accident, and the place where the injured person is to be found, obtaining
statements from the latter, the employer or his representatives, and the wit
nesses, in order to draw up a report thereof, in which shall be stated:
(a) Name and headquarters of the enterprise;
(1)) Name, business, and residence of the employer;
(c) Name, occupation, residence, wage, age, sex, nationality, degree of educa
tion, and civil status of the injured person;
(d) [The precise place, hour, and nature of the accident;
(e) The circumstances under which the accident occurred, and the nature of
the injuries;
(f) Names and residences of the witnesses;
(g) Names and residences of the beneficiaries of the injured person.
A rt. 43. Within five working days from the date of the accident, the employer
shall send to the police authorities having cognizance of the case the following:
(а) Proof that he has furnished the injured person with medical, pharma
ceutical, and hospital attention;
(б) A medical report on the condition of the injured person;
(c) The actual or probable results of the accident;
(#) Indication of the period within which it will be possible to make a
definite statement as to the result of the accident.
1.
On the snme day the police authorities shall send to the competent judge
the report of the inquiry, together with the documents referred to in this article,
so that the said judge may institute judicial proceedings.
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2. The police authorities shall send a copy of the said documents to the
Ministry of Agriculture, Industry, and Commerce.
A rt. 44. When the accident occurs aboard ship, the inquiry shall be made by
the commander of the ship assisted by two competent persons.
1. When there is a physician on board, he shall also sign the report of the
inquiry, making the declarations contained in (&), (c), and (d) of article 43.
2. The report of the inquiry shall be sent, for legal purposes, to the judge of
the place where the enterprise has its headquarters.
C h ap ter 10.—-Judicial procedure
A rt. 45. The competent judge having received the report o f the inquiry and
the documents referred to in paragraph 1 o f article 43, the judicial proceedings
shall be instituted immediately, and shall be concluded within the period o f
12 days from the date o f the accident.
At the end of this period a decision shall be rendered and an order issued for
the payment of the compensation due.
1. The competent judge shall be the civil judge of the place in which the
accident occurred, observing the judicial organization thereof.
2. If, during the course of the proceedings, the parties reach an agreement as
to the amount of compensation, and the provisions of law No. 3724 of January
15, 1919, and of this regulation have been complied with, the said proceedings
shall be considered terminated when such agreement has been approved by the
judge.
A rt . 46. All actions instituted under Law No. 3724 of January 15, 1919, and
this regulation, shall be tried before a common court, in accordance with the
rules of the judicial body concerned, and shall be tried summarily.
1. However, if those involved are workers employed by the Government,
the action shall be brought before a Federal judge.
A rt. 47. The representative o f the district attorney is required to render
legal assistance to the injured party without cost.
A rt. 48. The person injured in an accident, or his fam ily, shall be allowed
a 50 per cent reduction in the regular fees, payment o f which shall be charged
to the person against whom judgment is rendered, in order that the progress
o f the case may not be delayed by failure to pay the said charges promptly or
by failure of the employer to pay sums due from him.
A rt . 49. This regulation does not exclude the institution o f criminal pro
ceedings in cases provided for by the common law.
A rt. 50. For statistical purposes, the secretary shall send a copy o f the court
decision to the Ministry o f Agriculture, Industry, and Commerce.
C h apter 11.—Revision
A rt. 51. When, after the compensation has been fixed, the injured person dies
as a result o f the accident, or his disability is increased or decreased, recurs,
or disappears, or it is proved that in the decision a substantial error in calcu
lation was made, the employer, the injured person, or their representatives,
may petition for a revision of the decision which determined the results o f the
accident and fixed the compensation.
A rt . 52. Aggravation of the injury or death caused solely through the fault
of the injured person shall not be considered as a result of the accident.
A rt. 53. The revision referred to in article 51 must be brought within the
period o f tw o years from the date the decision was rendered.
C h ap ter 12.—General provisions
A rt. 54. Any agreement contrary to this regulation or which tends to evade
its application or alter the method o f its execution shall be null and void.
A rt. 55. Employers are forbidden to retain any part o f the wages o f their
workers, even with their consent, for the payment o f expenses in connection
with the observance o f these regulations.
A rt. 56. I f interested parties for any reason enter into agreements which
are void, it shall be the duty o f the representative o f the district attorney, when
it is brought to his knowledge, to apply for a judicial decree o f nullity at
once.
A rt. 57. When beneficiaries of the injured persons are foreigners, they shall
be entitled to compensation only upon their proving that they were residing
within the national territory at the time of the accident.
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A rt. 58. When payments of daily allowances are not made, or when medical
and pharmaceutical attention is not furnished regularly, the injured worker, in
person or through his representative, may appeal to the representative o f the
district attorney, who shall immediately take the necessary measures in the
case.
A rt. 59. Every employer to which the law on industrial accidents applies
shall post copies o f the said law and its regulations in conspicuous places in
their factories, workshops, or establishments.
A rt. 60. This regulation becomes effective on the day it is published.
A rt . 61. All provisions to the contrary are hereby repealed.
S chedule
op
D isabilities
1. UPPER EXTREMITIES
(a ) Right side:
Percent
Total loss o f arm________________________________________________ 55-60
Loss o f forearm __________________________________________________ 50-60
Loss o f hand______________________________________________________ 45-60
Loss o f thumb_____________________________________________________25-40
Loss o f index finger-----------------------------------------------------------------------15-40
Loss o f middle finger_____________________________________________ 10-25
Loss o f ring finger________________________________________________
5-20
Loss o f little finger------------------------------------------------------------------------ 5-20
Complete ankylosis o f the shoulder joint_________________________ 40-60
Partial ankylosis o f the shoulder joint, according to degree--------10-40
Complete ankylosis o f the elbow join t------------------------------------------ 30-45
Partial ankylosis o f the elbow joint, according to degree________ 10-35
Complete ankylosis o f the joints o f the hand______________________20-45
Partial ankylosis o f the joints o f the hand, according to degree— 5-30
(ft) L e ft s id e :
Total loss o f arm________________________________________________ 50-60
Loss o f forearm _________________________________________________ 45-60
Loss o f hand______________________________________________________ 40-60
Loss o f thumb_____________________________________________________ 20-41)
Loss o f index finger_______________________________________________ 10-40
Loss o f middle finger--------------------------------------------------------------------- 5-25
Loss o f ring finger________________________________________________
5-20
Loss o f little finger_______________________________________________
5-20
Complete ankylosis o f the shoulder join t_________________________ 30-60
Partial ankylosis o f the shoulder joint, according to degree_____ 5-40
Complete ankylosis o f the elbow join t___________________________ 20-45
Partial ankylosis o f the elbow joint, according to degree______ 5-35
Complete ankylosis o f the joints o f the hand_____________________10-45
Partial ankylosis o f the joints o f the hand, according to degree__5-20
2. LOWER EXTREMITIES
Total loss o f 1 leg at thigh-------------------------------------------------------------------------55-60
Loss o f 1 leg------------------------------------------------------------------------------------------------ 50-60
Loss o f 1 foot______________________________________________________________ 45-60
Loss o f the patella________________________________________________________ 30-60
Loss o f all the toes-------------------------------------------------------------------------------------15-40
Loss o f the great toe_______________________________________________________ 10-30
Shortening o f the leg (more than 5 centim eters)_________________________ 25-40
Shortening o f the leg (less than 5 centim eters)_________________________ 10-30
Complete ankylosis o f the thigh join t_____________________________________ 30-60
Partial ankylosis o f the thigh joint, according to degree_________________ 10-40
Complete ankylosis o f the knee____________________________________________ 30-60
Partial ankylosis o f the knee, according to degree________________________ 10-40
Complete ankylosis o f the joints o f the foot_____________________________ _ 25-60
Partial ankylosis o f the joints o f the foot, according to degree_________ 10-40
3. VISUAL ORGANS
Injury o f 1 eye without affecting the other________________________________
5-60
CHILE
LAW NO. 4055, AS AMENDED BY DECREE LAW NO. 379, OF MARCH
18, 1925
C hapter 1.—General provisions
Article 1. For the purposes of this law by “ industrial accident” is under
stood any injury suffered by a worker or employee in the course of or arising
out of the work performed which causes incapacity for the same. By “ em
ployer ” is understood the individual or corporation who for himself or a third
party has charge of the performance of some work or the operation of an
industry; and by “ worker” is understood any individual who performs work
outside his home for another.
A rt. 2. Employers are iiable for industrial accidents occurring to their
workers and employees.
Accidents which are due to force majeure not connected with the nature of
the work, and those intentionally caused by the injured party are excepted.
The burden of proof in the exceptions above specified lies with the employer.
A rt. 3. The liability o f the employer also covers occupational diseases caused
in a direct manner through the performance o f the work or occupation by the
workers or employees and which cause disability.
The President of the Republic shall determine in a special regulation the
occupational diseases which are referred to in the preceding paragraph, and
he may revise this regulation every three years. The regulation or its amend
ments shall take effect six months after publication in the Diario Oficial, and
the employer shall be liable only for the diseases specified in the regulation
or in its amendments and which are contracted after the said regulation
becomes effective.
A rt. 4. The liability o f an employer or o f a contractor who has charge o f
the performance o f a work or the operation o f an industry fo r another does
not exclude the subsidiary liability o f the owner.
A rt. 5. Without prejudice to the liability of the employer, the person injured
in an accident or those entitled to compensation may bring action against
third parties responsible for the accident for the total amount of the damages
suffered by them, in accordance with the provisions of the civil law. Com
pensation received from third parties under this article relieves the employer
from liability for the part which the third party is required to pay.
The action against the third party may be brought by the employer, at his
own expense and in the name of the injured party or those entitled to com
pensation, if they have not brought claim within 90 days from the date of the
accident.
The actions referred to in this article do not bar actions under the civil
law against persons responsible for an accident for compensation for other
damages caused by the same.
A rt. 6. The following industries or occupations are those in which em
ployers who employ five or more workers are liable hereunder:
1. Work in nitrate plants, salt mines, quarries, mines of every kind, factories,
•foundries, and workshops;
2. In establishments or departments thereof which produce or use for indus
trial purposes any materials which are explosive, inflammable, unhealthful, or
poisonous;
3. Transportation enterprises, whether by land, sea, or air, or on rivers, lakes,
or canals, and loading and unloading enterprises or work;
4. Construction, repair, maintenance, and operation of railways, buildings,
ports, roads, bridges, canals, dikes, wharves, aqueducts, sewers, and similar
works;
5. The work of installing, repairing, and maintaining electrical conductors
and telephone and telegraph lines;
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6. Maritime and inland fishing enterprises;
7. Agricultural, forestry, and cattle-raising enterprises;
8. In general, all factories, business concerns, and workshops.
Art. 7. For the purposes of this law by “ wages ” is understood the actual
remuneration earned by the worker, in money or other form, whether for job
work, overtime work, gratuities, share in the profits, or any other additional
payment which is usual in the industry.
By “ daily wage” is understood the fixed wage stipulated for a day’s work
and any additional remuneration.
The daily wage shall serve as the base for computing the compensation for
temporary disability.
By “ annual wage ” is understood the sum of the daily wages earned by the
injured party during the 12 months preceding the accident. If the period worked
is less than 12 months, the annual wage shall be determined by multiplying the
daily wage by 300.
If the wage of the worker is variable or by the job, the daily wage shall
be determined by dividing the total amount received during the 12 months
immediately preceding the accident, or during the time he has been in the
service of the employer if this time is less than one year, by the number of
days which the worker has actually worked in the industry or work. When
the wages do not consist solely of money the wage shall be determined by
agreement of the parties, or by the judge in the case, taking into consideration
the circumstances under which the work was performed, the value in the
locality of the payment in kind or other commodity furnished, and the wage
rate of workers in the same occupation or work, or, if there are none of the
latter, of the occupation or work which bears the most similarity to that
which caused the accident.
Art. 8. The annual wage or salary shall in no case be considered to be
more than 3,000 nor less than 600 pesos,11 even for workers or apprentices who
do not receive remuneration.
The benefits granted by this law are available to workers or employees who
receive a larger remuneration, up to the maximum fixed in the preceding
paragraph. However, workers or employees who earn more than 3,000 pesos
per year may agree with their employers for higher compensation than that
fixed in this law, but cases involving rights and actions concerning the part
of compensation exceeding the legal maximum may be prosecuted only as
provided by civil law.
A rt. 9. For the purposes of this law the State and the municipalities will
be considered employers.
Chapter 2.—Care and compensation
Art. 10. Employers, even when they employ less than five workers, shall pay,
without right to reimbursement, for medical attention and the pharmaceutical
expenses of a worker injured in an industrial accident until the said injured
worker, according to a physician’s report, is sufficiently recovered to return to
his work, or comes within any of the cases of permanent disability.
The employer is also required to remove the worker at his own expense to
the nearest community, hospital, or place wherein medical attention may be
procured, if proper medical and pharmaceutical attention is not available at
the workplace.
The assistance to be given the injured person shall include surgical attention,
orthopedic appliances, and all therapeutic measures and auxiliary aids to the
treatment prescribed by the physician.
As a general rule, medical and pharmaceutical services shall be rendered by
the doctors and pharmacies designated by the employer; the injured worker,
however, shall have the right freely to designate the physician or the pharmacy
but if he exercises this right the employer is required to pay only such expenses
for services as are fixed by tlie judge (el juez de letras), taking into consid
eration the nature and the circumstances of the accident.
If the injured person selects the doctor, the employer has the right, during
the treatment, of himself designating a doctor, who shall inform him concern
ing the condition of the injured person. Should the injured person refuse to
allow the visits of the doctor selected by the employer, the latter may be
given permission by the judge to suspend payment of the compensation.
111 peso at par before Oct. 14, 1925 = 36.5 cen ts; from that d a te= 1 2 .1 7 cents.
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If the employee or worker is confined in a hospital, the employer is required,
without right to reimbursement, to contribute to the expenses of this hospitali
zation the amount specified in the regulations and up to a maximum of 4 pesos
per day.
In case of death, the employer is required to pay the funeral expenses up to
200 pesos.
A rt. 11. Failure on the part of the employer to comply with any o f the obli
gations imposed on him by the preceding article shall render him liable to a fine
of from 200 to 500 pesos, in favor of the departmental public charity fund
( bcneficencia pubUca del departamento) .
The failure may be reported by the injured person, by one of his relatives,
or by any person in the community.
The judge shall proceed briefly and summarily, hearing the person reporting
the violation and the person accused therof, proceeding officially to obtain the
necessary information; and his decisions, including the final sentence, are appealable only as regards matters of form.
A rt. 12. For the purposes of the compensation to which workers and employees
are entitled, accidents are classified as follows: 1. Accidents causing temporary
disability. 2. Accidents causing permanent total or partial disability. 3. Acci
dents resulting in death.
The regulation of the present law shall determine the injuries which cause
disability and they shall also contain a valuation table for permanent partial
disabilities. In cases which are not covered in this table the parties by common
agreement, or the judge, shall determine the degree of the disability in order to
fix the compensation.
In case injuries suffered by a skilled worker produce an occupational incapac
ity, or if they render him permanently unable to continue in the exercise of his
skilled trade or another with equal remuneration, the injured party shall be
entitled to the maximum compensation specified for permanent partial disa
bility. The regulation shall classify the skilled trades, fixing the qualifications
which must be had by a worker to be classified as skilled.
Art. 13. Workers or employees who are injured as the result of industrial
accidents are entitled to the following compensation:
1. For temporary disability, one-half of his wages from the day of the accident
until the day on which he is able to return to his work;
2. For permanent total disability, a life pension equal to 60 per cent of the
annual wage; and
3. For permanent partial disability, compensation not exceeding his wages for
two years.
When, in case of temporary disability, a period of one year passes without the
injured person having completely recovered, he shall be paid the compensation
due him, according to the case, under Nos. 2 and 3 of this article.
Accidents which, without causing permanent incapacity for work, result in the
serious mutilation of the injured person, entitle him to one-half the compensa
tion specified in No. 3 of this article.
A rt. 14. If the accident results in death, the relatives and other persons speci
fied in this law shall be entitled to compensation in conformity with the fol
lowing provisions:
1. The surviving widow, provided the marriage took place prior to the acci
dent, shall receive a life pension equal to 20 per cent of the annual wage of the
deceased. The widower shall have a right to a pension only in case he is
unable to work. If the widow remarries, she shall lose her right to the pension,
which shall be added to the pension of the children of the injured or deceased
person.
2. Legitimate or illegitimate children under 16 years of age shall be entitled
to receive jointly, until they reach that age, a pension equal to 40 per cent of the
annual wage, if there is a spouse surviving having a right to a life pension,
but if there is none, the said children shall receive a pension equal to 60 per
cent of such wage. The pension shall be divided equally among the children.
In no case may the pension of one child exceed 20 per cent of the wage of the
father, but the portion of all may be increased until the pension for each child
reaches the maximum above specified.
3. When there are no children, but there are legitimate or illegitimate ascend
ants or descendants who are dependent on the deceased, or who according to
law have a right to claim a maintenance allowance, the former shall receive a
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WORKMEN’ s COMPENSATION LEGISLATION
life pension, and the latter a temporary pension until they reach the age of
16 years.
The individual pensions shall not exceed 10 per cent of the annual wage, and
the sum total shall not exceed 30 per cent thereof. If there are more than three
ascendants or descendants, the pensions shall be equally divided among them.
The condition of illegitimacy shall be proved by a record thereof, verified prior
to the accident, and the statement therein shall correspond exactly to that made
by the person who solicited the record.
4. When there is no surviving spouse or ascendants or descendants, persons,
whether related or not, who at the time of the accident were dependent upon
the deceased shall be entitled to a life pension when they are absolutely
incapacitated for work, or a temporary pension payable until they reach the
age of 16, when they have not yet attained that age. The sum of these pen
sions shall not exceed a total of 20 per cent of the wage of the deceased, nor
10 per cent for each person, the individual pensions being reduced corre
spondingly if there are more than two beneficiaries.
A rt. 15. W ithin a period o f two years from the date on which the accident
occurred, the employer, the injured person, or any other person having a right
to compensation may petition for revision o f the compensation, because o f
either the aggravation, the diminution, or the disappearance o f the disability,
or the death o f the injured party due to the injuries suffered.
A rt. 16. The pensions established by this law shall be paid monthly in
advance.
Art. 17. Actions to claim the compensation or pensions referred to in this
law, except those specified in sentence 3 of article 8 must be brought within a
period of two years from the date of the report of the accident as specified by
article 32 of this law.
This prescription does not apply to minors having a right to compensation
until such minors have reached the age of 16 years.
A rt. 18. The judicial inquiry ordered by article 32 shall be without costs,
but if the employer or owner is found to be liable, the costs shall be charged
to him, according to regulations previously made by the judge in the case in
conformity with the law.
A rt. 19. In case of insolvency of the employer, the credits referred to in this
law shall come under No. 4 of article 2472 of the Civil Code. In case of fire,
they shall have the same preference in payment under the insurance policies.
A rt . 20. The rights granted by this law to workers and employees, as well
as the compensation and pensions, can not be waived, transferred, set off, with
held, nor attached, and in general, all agreements contrary to the provisions o f
this law are null and o f no effect. Neither may a form o f payment different
from that specified in this law be stipulated.
The provisions of this article are not applicable to the compensation referred
to in sentence 3 of article 8.
C hapter 3.—Insurance
Art. 21. The obligations established in the preceding articles will be satisfied
by the employer or owner, as the case may be, insuring the occupational risk of
his workers or employees in a mutual association, a Chilean insurance com
pany, or a corporation which meets the conditions as to organization and
security prescribed in the respective regulations.
A rt . 22. The employer who does not insure his workers in the manner pre
scribed in the preceding article shall, in case o f accident causing death or
permanent disability to the injured person, be required, at his election :
1. To create in the accident section of the National Savings Bank (Caja
Nacional de Ahorros) within one month from the date of the agreement entered
into by the employer and the worker which stipulates, under article 20 and in
conformity with the provisions of this law, the rights of the injured party or
his beneficiaries, or from the date of notice of the judgment declaring said
rights, a guaranty, in the form of a mortgage or collateral security covering
the pension due, and to contribute to the formation of the guaranty fund to
which article 30 of this law refers an amount equal to the 5 per cent of the
capital sum representing the pensions which he is required to deposit; or
2. To contract, within the same period of time, for the administration of the
pension due with an insurance company whose by-laws have been approved by
the President of the Republic and which meets the guaranties required by the
regulation and has a minimum paid-in capital of 1,000,000 pesos.
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Art. 23. Mutual insurance companies or fixed-premium insurance companies
which insure industrial accidents, and pension companies, shall be subject to
State supervision and control, and compelled to maintain the reserves ana
securities considered necessary, which shall be determined by a regulation of
the President of the Republic.
The amount of the mathematical reserves and securities shall be charged
preferentially and primarily with the payment of pensions and compensation.
The Minister of Finance may at any time, by a decree, put an end to insurance
operations which do not comply with the conditions of this law, or when the
financial condition of the companies does not give sufficient guaranty that they
will fulfill their obligations. The regulation shall determine all questions
relative to the ending of the insurance affected and the manner and form of
procedure with reference to the decree referred to.
Art. 24. By insurance regularly contracted for the employer is relieved from
all liability, providing the sum the worker is to receive is not less than that
accorded by this law.
Art. 25. The policy or insurance contract forms a legal title either in favor
of the injured person or the persons entitled to compensation, or in favor of
the employer, should he personally have paid the compensation.
Workers or their relatives shall have direct action against the insurers.
Art. 26. The employer or owner, as the case may be, who does not comply
within the prescribed time with any of the obligations imposed by article 22,
shall pay in addition a penalty interest on the amount of the indebtedness of
1% per cent a month.
Art. 27. Capital representing the pensions provided for in this law shall be
calculated according to the mortality scale and the interest rates fixed by the
Minister of Finance, and the other conditions to be determined by the President
of the Republic in the respective regulation.
No insurance company shall adopt a basis for calculating pensions which
gives less guaranties for the payment of the pensions than those established
in the manner specified in the preceding paragraph.
Abt. 28. A section on industrial accidents, having the following duties, shall
be established in the National Savings Bank (Caja Nactional de Ahorros) :
1. It shall receive and administer all capital sums representing pensions,
which are deposited by employers or owners, in conformity with the provision
in No. 1 of article 22.
2. It shall form and administer the guaranty fund established in article 30
of this law; and
3. It shall receive and administer the donations, legacies, or other assign
ments made in favor of the industrial accident section.
The operations of this section shall be absolutely independent of all other
operations of the bank, and moreover a separate accounting system shall be
established for this particular section.
The National Savings Bank shall take the necessary legal action against
debtor employers. Such actions shall be conducted in accordance with the
procedure established in this law.
A rt. 29. A regulation issued by the President of the Republic shall determine
the organization, staff, and salaries of the personnel of the industrial accident
section of the National Savings Bank. The expenses of this section shall be
paid from the receipts by the same.
A rt . 30. The guaranty fund shall be formed with the following resources
and taxes:
1. The contribution equal to 5 per cent of the sums which are deposited by
employers in the industrial accident section of the bank as provided in No. 1
of article 22 of this law;
2. The fines imposed for violations of this law and of the regulations, which
are referred to in articles 26, 32, 38, 39, and 43;
3. Fifty per cent of the fines imposed for violations of Laws No. 2951 of
November 28, 1914; No 3186 of January 8, 1917; and No. 3321 of November
5, 1917;
4. Five per cent of the net profits of the fixed premium stock industrial
accident insurance companies with fixed premiums, or of the accident sections
of insurance companies;
5. Extra benefits or the subsidies which are appropriated in the national or
municipal budgets; and
6. The benefits and interest derived from the above-named resources and
taxes.
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A rt. 31. If the employer, owner, or any of the insurers fail to pay the com
pensation due for death or a permanent disability and ordered by final judg
ment, immediate payment of the compensation shall be made from the guaranty
fund referred to in the preceding article, which shall be established in the
National Savings Bank for this purpose. In such case the bank shall have
authority to institute a claim therefor against the debtors, being subrogated
to the rights or actions of the deceased or his relatives against the employers
or owners as well as third parties.
A regulation issued by the President of the Republic shall determine the
administrative procedure to which payment of compensation from the guaranty
fund shall be subject.
C hapter 4.—Judicial procedure
A rt . 32. Any accident which may cause disability or the death of the injured
person shall be reported within five days by the employer or his immediate
subordinate in charge of the work to the civil judge (el juez de letras) of the
department in which the accident occurred. The said report may be made by
the injured person himself or any other person in the community.
The report shall state the name and residence of the employer, that of the
injured person and of the witnesses who were present at the accident and have
knowledge thereof; the wage earned by the injured person; the age and civil
status of the latter; the place, the hour, and the circumstances under which
the accident occurred; and the nature of the injuries. Having received the
report of an accident, the judge shall proceed, without delay, to conduct an
inquiry at the scene of the accident and the place where the injured party
is to be found, for the purpose of ascertaining:
1. The cause, nature, and circumstances of the accident;
2. The name of the employer and the name, age, civil status, and residence
of the injured person, and the place in which he is to be found;
3. The nature of the injuries;
4. The persons who, in these cases, are entitled to compensation, the place
and date of their birth;
5. The daily wage, the monthly or annual salary or wage of the injured
person; and
6. The firm name and location of the association or company with wrhich the
employer is insured. If the report of the accident referred to in paragraph
1 of this article is not duly made, the employer shall be liable to a fine of from
50 to 200 pesos.
A rt. 33. The inquiry prescribed by the preceding article shall not be necessary
when the disability is o f a temporary character and the injured party has
brought no action, or when the report o f the accident is accompanied by a
medical certificate thereon.
If the said medical certificate is not submitted, or if that which is submitted
is deemed insufficient, the judge may designate a physician, who shall report
on the condition of the injured person and the nature of the injuries suffered.
The judge shall name for this purpose the medical officer serving in the
jurisdictional district of the court. The doctor shall not be entitled to any
additional remuneration for submitting his report, except in cases where the
employer is declared to be liable under article 18, in which case the employer
is required to pay him the sum specified by the judge ordering the examination.
A rt. 34. If the judge finds it impossible personally to conduct the inquiry into
the accident within a reasonable time, he may delegate this duty to the judge
of the subdelegation or the district wherein the accident occurred.
A rt. 35. Having terminated the inquiry, the judge shall order that the parties
be inform ed thereof, and shall summon them or their representatives to a hear
ing, which shall take place the fifth working day follow ing the last notice.
The summons to this hearing shall be in accordance with the provisions of
chapter 6 of Book I of the Code of Civil Procedure; but in a case coming under
article 47 of the said code, the notice shall be made in the form indicated in
paragraph 2 of said article, even if the employer is not found in the place of
the hearing.
In this hearing, the judge shall invite the parties to settle the matter by
conciliation, and if an agreement is reached which is in accordance with the
provisions of this law, a record of the proceedings shall be made and the judge
shall render a decision immediately, or at the latest within 5 days, fixing
definitively the compensation due the injured party or his relatives.
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If there are any persons among those entitled to compensation who are legally
incompetent, the court shall issue a summons to the guardian ad litem, and
before rendering a definitive sentence the judge shall hear said official, either
at the hearing or in writing within three days if the said official is not present
at the hearing, or if he so requests, for which purpose the record of the proceed
ings shall be submitted to him.
When, among those interested, there are legally incompetent parties who
have no legal representative, the judge shall appoint a special guardian who
shall protect their rights in the case, preference being given in this case to
the nearest relatives of the incompetents.
A rt. 36. The rules established in chapter 12 of Book III of the Code of
Civil Procedure, with the exception of the provisions of article 839 (838),
are applicable to all actions referred to in this law.
In the proceedings in these actions ordinary paper shall be used and no tax
shall be imposed thereon. The judge may order, when he finds reasonable
cause that the plaintiff be given, during the continuance of the proceedings,
provisional compensation, which shall not exceed one-half of the wage earned
by the injured party at the time of the accident. Such judicial order is
appealable only as regards form and not substance.
The plaintiff shall be compelled to return the provisional compensation only
when the decision is against him, declaring that he acted in bad faith.
The judge shall distinctly declare in* his decision whether or not the plaintiff
has proceeded in good faith, and if not, the plaintiff shall be required to
refund all the provisional compensation he has received.
Art. 37. Appeals from judgments rendered by the judges in cases for com
pensation for industrial accidents shall be heard without waiting for the
appearance of the parties, and shall take preference over any other matter.
Decisions rendered in cases arising from the application of this law are not
appealable. Agreements entered into between the employer and the injured
person or his beneficiaries, in which any of the interested parties are legally
incompetent, shall be approved by the common court after hearing the guardian
ad litem and receiving evidence. For this purpose the judge of the district
in which the accident occurred shall be deemed to have jurisdiction of the case.
C hapter 5.—Inspection and welfare
A rt. 38. The regulations of this law shall specify cases wherein safety devices
for the protection of workers and the prevention of industrial accidents shall
be employed, as well as other safety and sanitary measures which shall be
obligatory in each industry.
Violations of the provisions of the regulations referred to in this article shall
be punished by a fine of from 50 to 300 pesos, without prejudice to the criminal
liability which may arise therefrom.
Art. 39. Work rules on order and safety issued by employers may provide
penalties for violations by fines proportionate to the nature or seriousness of
the violation, but in no case may the total of the fines imposed in one day
exceed 25 per cent of the daily wage of the worker.
Regulations governing order and safety of working conditions shall be com
municated to the workers 15 days prior to the date on which they are to
take effect, and shall be posted in at least two conspicuous places in the
establishment. The proceeds of the fines referred to in the first paragraph
of this article shall be deposited by the employer in the accident section of the
National Savings Bank, within the period of one month from the date of their
application. Should the employer fail to deposit this sum or should he retain
a part of the fines in his possession, he shall incur the penalties provided in
article 26 of this law.
A rt. 40. The General Labor Office shall be charged with the inspection and
administrative supervision necessary to insure the strict observance of this
law and its regulations. The same office shall exercise directly the supervision
and prosecution of industrial accident insurance companies and associations.
Art. 41. Employers or their representatives, insurers, and the various public
officials who apply this law are required to submit to the General Labor Office
or its inspectors, any information which they may request, in conformity with
regulations issued for this purpose and under the penalties fixed in Law No.
2577 of December 7,1911.
A rt. 42. All employers in industries or works covered by this law are required,
under the penalties fixed in the preceding article, to keep a record book o f
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MWorkers and wages,” in the form and under the conditions specified in the
regulations.
A rt. 43. Anyone who obstructs or hinders inspectors when visiting working
places shall incur a fine of from 100 to 500 pesos for the first offense and from
500 to 1,000 pesos for any repetition of the same.
Inspectors may, in necessary cases, invoke the aid of the public authorities
in the performance of their duties.
Abt. 44. Fines prescribed by this law shall be imposed administratively.
Beport of the violation shall be made by the inspectors to the respective de
partmental governor, who shall be charged with the duty of imposing the fine.
Should the offender fail to pay the fine within the third day after receiving
notice of its imposition, the said fine shall be tripled and collected through
executive action.
Having paid the fine, the violator may appeal therefrom to the civil judge.
Such appeal shall be made according to the oral procedure specified in Book III,
chapter 12, of the Code of Civil Procedure.
A bt. 45. The fines shall be imposed on the contractor, manager, director, or
head of the industry, works, or establishment in which the work is performed,
but the individual, company, society, or institution owning the industry, works,
or establishment shall be jointly liable for the said fines.
A bt. 46. The public is granted the right to report violations o f this law and
the regulations thereof. This right will lapse at the expiration o f one year.
A bt. 47. All factories, workshops, or enterprises affected by this law are
required to post the entire text of the same in conspicuous places to which the
workers have access.
C h ap ter 6 .—Transitory provisions
A bt. 48. For the purposes of this law, and while the work of labor inspection
is being permanently organized, five inspectors’ positions shall be created in
the General Labor Office. Appointees to these positions shall reside in zones
determined in the regulations, and their annual salary shall be 10,000 pesos
each.
Inspectors shall be appointed by the President of the Republic, after com
petitive examinations, proposed by the head of the General Labor Office. The
head of the General Labor Office shall receive an annual salary of 6,000 pesos.
Art. 49. If necessary, the President of the Republic may authorize the
accident section of the National Savings Bank, under conditions determined in
a special regulation, to carry on insurance operations covering industrial acci
dents causing permanent total or partial disability or death.
Rates for this insurance shall be calculated in such a manner that the
premiums collected cover all the risks assumed and the administrative expenses,
and they shall be so adjusted semiannually that no profit will be made.
A rt . 50. This law shall take effect six months after its publication in the
"Diario Oficial.” On that date Law No. 3170 of December 27, 1916, shall be
repealed.
The provisions of article 22 et. seq. of Law No. 3379 of May 10, 1918, shall
remain in force, and in accordance therewith, the compensation due railway
employees, to which the said law refers, shall be determined; but the compen
sation due beneficiaries of deceased workers shall be determined in the way
prescribed in article 14 of this law.
REGULATORY DECREE NO. 238 OF MARCH 31, 1925
C h ap ter 1 .—General provisions on accidents
Article 1. For the purpose of the right to compensation established by this
law, by “ industrial accident” is understood any fortuitous event arising out
of and in the course of employment which causes injury to a worker or em
ployee; by “ injury ” is understood any physical alteration, whether organic
or functional, suffered by the worker or the employee in the performance of
his work or as a consequence of the same, and which causes the death of the
worker or any incapacity for the performance of his usual work; by “ employer ”
is understood the person or corporation, whether private or public, which for
itself or another directs an enterprise, or has charge of the performance of
a piece of work, or the operation of an industry; by “ worker ” is understood
a person who works in an occupation or at manual labor; by “ employee” la
TEXT OF LAWS— CHILE
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understood a person designated by the employer to manage and supervise the
business in which the employer is interested.
Art. 2. By virtue of the provision of article 2 of the law, the following
accidents shall not be deemed compensable: 1. Accidents due to force majeure,
not connected with the nature of the work performed by the injured party;
2. Accidents caused intentionally by the injured person.
A rt . 3. The legal presumption is that the employer is liable for all accidents
occurring to his employees or workers during the performance o f their duties.
Therefore, in order to exempt himself from liability the employer must prove
that the accident is one of those mentioned in the preceding article.
E m plo yers
A rt. 4. In accordance with the provision in article 1 of the law, and
these regulations, it is understood that in general, by “ employer ” is meant the
owner of the industry or works wherein the work is being performed.
When the operation of the enterprise or performance of the work is done
under contract, wholly or in part, the contractor or subcontractor who has
engaged the services of the injured employee or worker shall be considered as
the employer.
Professional contractors or subcontractors who have in their employ less
than five workers at the time of the accident shall not be considered em
ployers, the liability in such case resting with the general contractor or owner.
Artisans and workers who ordinarily work alone, who are not professional
contractors nor subcontractors, and who occasionally work with others in the
performance of a work, do not acquire the character of employer, and the
liability remains with the general contractor or owner. However, should the
number of workers thus working together be more than 11, including the
director of the work, the latter, when he himself pays the wages of the workers
under him, shall be considered an employer. In the opposite case the liability
of the owner or general contractor, as the case may be, remains.
W orkers
A rt. 5. For the purposes of the law and the present regulation, by the
general term of “ worker” is understood any person who, under an oral
or written contract, works or is employed in any of the industries or enter
prises referred to in article 6 of the law, as an employee, worker, or apprentice,
whether for a salary, at a fixed wage, or by the job, or without any remu
neration whatsoever for his services.
OOCTJPATION'AL DISEASES
Art. 6. In accordance with the provision of article 3 of the law, employers
shall compensate their workers or employees for diseases caused in a direct
manner by the performance of the work, and which produce incapacity, but
within the following limitations:
1. Diseases of an occupational character which impose liability on the em
ployer shall be specified in a special regulation which the President of the
Republic shall issue in due time, and which may be modified only every three
years by the additions or omissions deemed necessary.
2. The liability of the employer for diseases specified in the regulation re
ferred to in the preceding article shall take effect six months after the publi
cation of the said regulation in the Diario Oficial, as to diseases contracted
after the regulation or each of its revisions is in force.
3. Compensation, as regards beneficiary, amount, and duration, shall conform
to that which is provided by the law on industrial accidents.
4. Liability for occupational diseases is imputed to the employer in whose
service the worker has been disabled, unless it can be proved that the said
worker had the disease before his entrance into the service of the said
employer.
In such case the injured person or his beneficiaries may bring claim against
the former employers, provided the period of prescription referred to in article
15 of the law has not expired.
The party claiming right to compensation for an occupational disease must
present a medical certificate stating that the disease was contracted as a con
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sequence o f the class o f work which the Injured party gave up, the probable
date on which the disease was contracted, and the possible duration o f the
same.
Claim s A gainst T hird P arties
Art. 7. By virtue of the provision in article 5 of the law, the injured party
has the right to prosecute third parties who are responsible for accidents for
total compensation for the injury suffered, according to the provisions of the
civil law. Compensation thus obtained shall relieve the employer, if the
amount awarded is greater than that which the industrial accident law re
quires him to pay. If the compensation is less, the employer is liable for the
difference between the said sum and the amount which he would otherwise be
required to pay.
Should the injured person fail to prosecute the third parties rsponsible for
the accident within 90 days from the date thereof, the employer may bring
action at his own expense, in the name of the injured person or those entitled
to compensation, in order to recover the amount paid by him as compensation
under the industrial accident law.
The actions against third parties which are referred to in this article do not
exclude those which may be brought under the civil law against those responsi
ble for an accident, to obtain compensation for the damages caused by the
accident and independent of the compensation which is established by this law.
I ndustries
or
O ccupations Subject
to th e
L aw.
A rt. 8. All transitory or permanent industries or occupations included under
any of the designations in Nos. 1 to 8 of article 6 of the law are subject to the
law on industrial accidents. Only industries or occupations employing less
than five workers are excepted.
A rt . 9. In accordance with the specifications o f article 6 o f the law, the lat
ter shall apply to the operation o f—
1. Nitrate plants.
2. Metalliferous mines.
3. Coal mines and oil fields.
4. Salt works, borax fields, and sulphur beds.
5. Oold-bearing sands, precious stones, and alluvial iron deposits.
6. Stone, marble, and granite quarries, chalk deposits, clay and sand pits,
and similar substances.
7. Establishments engaged in refining minerals.
8. Blast furnaces.
9. Industries wherein inflammable, expolsive, unhealthful, or poisonous ma
terials are used.
10. Marine navigation enterprises or companies.
11. Inland navigation enterprises operating on navigable rivers, lakes, and
canals.
12. Ferries.
13. Pleasure-boat service.
14. Fishing enterprises operating on rivers or inland or jurisdictional waters.
15. Railway enterprises, urban or interurban street railways.
16. Bus lines and automobile enterprises.
17. Taxicab and public-vehicle services.
18. Transfer and moving services, and undertaking establishments.
19. General loading and unloading enterprises.
20. Loading and unloading work in ports and railway stations.
21. Construction, repair, and maintenance of public or private works, such
as buildings, railways, highways, harbors, bridges, canals, dikes, docks, aque
ducts, sewers, and similar works.
22. Clearing of land, dredging, sounding, and drilling wells.
23. Installation of gas, electric, heating, water, telephone, and telegraph
systems.
24. Agricultural occupations, vineyards, forestry, and cattle raising.
25. Ship building and dismantling industries.
26. Conditioning and provisioning of vessels.
27. Work of salvaging ships or their cargoes.
28. Dry docks.
29. Mechanical workshops installed on flat-bottom boats.
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30. Diving operations.
31. All factories, workshops, and industrial establishments in general, with
or without mechanical power, and especially manufacturers of—
32. Alcohols, beverages, and their preparations: Carbonated beverages, beer,
liquors, hard cider, and distilleries.
33. Pottery, ceramics, and glassware: Glass and bottles; and manufacturers
of white, black, and glazed crockery.
34. Foodstuffs and their preparations: Mills; bakeries; pastry shops; con
fectioneries; candy, chocolate, caramel, and cracker factories; sugar, salt, and
oil refineries; vermicelli factories; fruit, meat, and shellfish canning and pre
serving, corned beef, condensed milk, fig coffee, cereal, sausage casings, and
jerked-beef factories.
35. Ready-made clothing, etc.: Clothing, shirt, collar, necktie, corset, fiber
sandal, hat, mattress, bedspread, absorbent cotton, and waterproof clothing
factories.
36. Lumber and its products: Sawmills, planing mills, carpenter shops, cooper
shops, wood turners, sash and door factories, and factories producing parquets,
shoemakers’ lasts, molding and frames, caskets, saddle trees, and packing cases.
37. Construction materials: Cement works; manufacture of plaster, cement
pipes, and other articles; fire and composition brick kilns; marble works; orna
mental plaster works; and the manufacture of color clays.
38. Textiles: Lace, woolen, and cotton goods, tapestry, silk goods, cassimeres,
hosiery, rigging and cord, linen goods, and trimming factories.
39. Metals and their products: Forges, foundries, tin shops; factories making
nails, barbed wire, stoves, safes, wire cloth, tin cans, metal ornaments, metal
engravings, metallic curtains, bedsteads, horseshoes, spurs and bits, plows, lead
piping, sheet iron, galvanized buckets, and spring mattresses; siderurgical work
shops ; boiler, copper and bronze, bottle cap, acetylene generator, and munitions
factories; and silversmiths and jewelers’ shops.
40. Furniture factories.
41. Paper, printing, and their products: Factories making paper, pasteboard,
and wrapping paper; printing and bookbinding; lithographing; manufacture of
pasteboard articles, blank books, paper bags, and serpentines.
42. Hides, pelts, and their products: Tanneries; boot and shoe factories;
saddleries; leather shops; suitcase, baggage, slipper and sandal, and transmission-belt factories.
43. Chemical and pharmaceutical products: Tallow candle, soap, vegetable
oil, animal oil, phosphorus, powder, specifics, perfume, ice, starch, artificial
fertilizer, paint and vamish, oxygen, glue, acids in general, sulphurous and
sulphuric acid, soda crystals, wine of quinine, extract of ulmo, talc, and ink
factories.
44. Tobacco and its products: Manufacture of tobacco, cigars, and cigarettes.
45. Automobiles, vehicles, and transportation equipment: Carriage shops.
46. Other industries: Dye shops; mirror, brush, and broom factories; straw
bottle wrapper, sail, tent, awning, cord and fringe, phonograph record, billiard
table, plaster statue, stained-glass window, coal briquette, button, rubber stamp,
cigarette paper, window shade, artificial flower, feather duster, and toy
factories; and cold-storage plants.
47. Gas and electrical works.
48. Shipyards.
49. Agricultural industries in which machinery is used, especially threshing,
preparation of fiber and straw, wine making, alcohol distilling, milling, dairying,
creameries, cheese factories, fruit-preserving factories, meat-salting plants, coldstorage plants, and silos.
50. Other industries which may later be included in this regulation by decree
of the President of the Republic.
A rt . 10. The enumeration contained in the preceding article is merely declara
tive, and should in no w ay be understood to exclude from legal regulation
industries or occupations not mentioned therein.
W a g es
A rt. 11. In conformity with the provisions of article 7 of the law, by “ wages ”
is meant, in general, the actual remuneration earned by the worker, in money
or in other form, which is paid by the employer in whose service the worker
is employed at the time of the accident, whether the remuneration is by a fixed
68
WORKMEN’s COMPENSATION LEGISLATION
wage, pay by the job, pay for overtime work, or fees, gratuities, a share in the
profits, or in any other form.
Art. 12. The daily wage shall be the fixed sum stipulated for a day’s work
plus any addition thereto; the annual wage shall be the total sum of the daily
wages earned in one year; or, if the time worked is less than 12 months, the
annual wage shall be computed by multiplying the daily wage by 300.
Art. 13. The variable daily wage shall be determined by dividing the remun
eration received during the 12 months preceding the accident, or during the time
the injured worker may have been in the service of the employer by the number
of days actually worked.
Art. 14. Wages not paid partially or wholly in money shall be fixed by agree
ment between the interested parties or by the judge. In order to fix the wage,
there shall be considered especially, the circumstances under which the work
was performed, the value of the payments in kind, and the wage rate in the
locality where the accident occurred. The wage rate considered shall be that
received by workers performing similar work, or, in lieu thereof, by those whose
work bears the nearest resemblance to that causing the accident.
Art. 15. For the computation of legal compensation the following shall be
taken as bases:
1. The daily wage earned at the time of the accident, when dealing with com
pensation for temporary disability.
2. The annual wage of the worker, in compensation for death or permanent
disability.
Art. 16. In no case may the legal compensation be computed on a salary or
wage over 3,000 pesos per year or 10 pesos per day. Employees and workers
earning more than 3,000 pesos per year or 10 pesos per day shall be entitled to
legal compensation only up to the said maximum.
Art. 17. In no case may legal compensation be computed on a wage less than
600 pesos per year or 2 pesos per day.
Compensation due any employee, worker, or apprentice who at the time of the
accident received a wage less than the minimum above established, or who
received no remuneration whatsoever, shall be computed on the basis of this
minimum wage.
A rt. 18. By virture of the provisions established in the last paragraph of
article 8 of the law, workers earning more than 3,000 pesos per year may agree
with their employers for higher compensation than that fixed by the law, and it
shall be understood that claims for any part of the compensation in excess of
the legal maximum may be prosecuted only under the common law.
A rt. 19. Workers and employees who render services to the State or the
municipalities are subject, in the fulfillment of this law, to the special regula
tions which determine the manner and form in which these corporations, con
sidered as employers under article 9, shall comply with the law on industrial
accidents.
Disability
Art. 20. For the purposes of legal compensation, disabilities resulting from
industrial accidents shall be classified in one of the following classes: 1. Tem
porary disability; (2) permanent partial disability, or simply relative disability;
and (3) permanent total disability, or, simply, total disability.
Art. 21. The classification of the disability shall be according to the following
standards:
♦
1. Temporary disabilities are those which totally or partially incapacitate
the injured person for performing his usual trade or occupation during the
time required for complete recovery from the injuries suffered. Temporary
disability shall be considered as the prolongation of the pathological conse
quences caused by the accident, and shall be deemed to last as long as the
worker is not in a condition to return to work, or until he comes within one of
the cases of permanent disability.
2. Permanent partial disabilities are those which produce a partial but per
manent decrease in the working capacity of the injured worker. Permanent
partial disability shall be classified by taking into consideration the decrease
of the working capacity of the injured person, with relation to his usual
occupation or trade, and not the incidental or casual work which he may have
been performing at the time of the accident.
The injuries which constitute permanent partial disabilities include prin
cipally those given below;
TEXT 07 LA.WB— OHELB
69
(а) The total loss of the right arm, or the loss of its essential parts, consider
ing as such the hand, all the fingers, even though the thumb remains, or the
loss of all the middle or distal phalanges of the fingers, and the complete loss
of the thumb.
(&) The total loss of the left arm, or the loss of its essential parts, considering
as such the hand, or all the fingers of the hand*
(c) The total loss of one leg, or its essential parts, considering as an essential
part the foot, or those of its parts absolutely essential for standing and walking.
(d) Affections of the central or peripheric nervous system, resulting in loss
of use of an arm or leg or the essential parts thereof in a way which may be
considered analogous to the material loss of those members referred to in (a),
(&), and (o).
(e) Total deafness.
(f ) Loss of, or blindness in one eye.
(g) Traumatic, inguinal, or crural hernia, double or single.
3. Permanent total disabilities are those which render the injured person
permanently unable to perform any kind of work, and especially, the following:
(&) The total loss or the loss of the essential parts of both arms, both legs,
or one arm and one leg. For this purpose, the hand or foot are considered
essential parts.
(б) Functional injury to the locomotive system having results analogous to
the mutilation of the extremities specified in the preceding paragraph.
(o) The loss of both eyes, understanding as such the loss of the organs or
complete loss of sight.
(d) The loss of one eye, with serious impairment of vision in the other.
(e) Incurable mental derangement.
if) Organic or functional injury of the brain, or the circulatory and respira
tory systems, caused directly or indirectly by the mechanical action of the
machinery or industrial elements, and provided these ailments are declared
incurable.
(g)
The concurrence of two or more injuries, each one of which constitutes a
partial disability, and which taken together may be considered as constituting a
permanent total disability.
Art. 22. As a general rule, the recovery of the injured person shall be reported
by the physicians as soon as the wounds have healed or a definite diagnosis of
the occupational disease has been made, and in conformity with the following
conceptions:
(а) Recovery with disability, when a permanent total or permanent partial
disability results.
(б) Recovery without disability, in the opposite case; however, when treat
ing of functional rather than organic disabilities, the report referred to in the
preceding paragraph may be postponed, on the petition of the physicians or of
the employer, for the time deemed necessary for the complete recovery of the
use of the injured members.
Art. 23. The physician or physicians who attend the injured person are
required to make the report referred to in the preceding article, or, in case of
litigation, the physician designated by the judge in the case.
Art. 24. Physicians who attend the injured worker in any capacity or circum
stances are required to issue, among others and in due time, the following
certificates:
1. As soon as the accident occurs, a certificate stating that the worker is
incapacitated for work.
2. As soon as recovery is effected, one stating that the worker is in condition
to return to his work, or that he comes within one of the cases of permanent
disability.
3. In case of ensuing disability, the degree of such disability, as permanent
total or permanent partial.
4. In case of death, a death certificate.
All the above data shall be submitted without prejudice to that referred to
in the third paragraph of No. 4 of article 6 of this regulation.
Art. 25 (as amended by decrees of May 6, 1927). If the injured worker has
not completely recovered within one year, it shall be deemed that he has
suffered a permanent disability and he shall be compensated for permanent
partial or permanent total disability according to the classification in the
medical certificate.
In case one of the parties does not agree with the medical classification, the
judge shall decide the case after receiving the opinion, in Santiago, of the
70
WORKMEN’S COMPENSATION LEGISLATION
physician of the General Labor Office, and in the Provinces by a physi
cian in the General Health Office, or, In the absence of the above, a medical
officer.
A rt. 26. When a worker, although not incapacitated for work by an accident,,
is seriously mutilated, he shall be paid the compensation for permanent partial
disability. This compensation shall be the maximum when the face, head, or
genital organs are mutilated, and shall be settled by agreement of the parties
or through the mediation of the judge.
A rt. 27. For the purposes of the case, the occupations enumerated below, in
conformity with the provisions of paragraph 3 of article 12 of the law, entitle
workers who have been engaged in such occupations for a period of more than
three years, even though they are only apprentices, to be classified as skilled
workmen.
The President of the Republic, by special decree, may modify this classi
fication.
Makers of optical and orthopedic apparatus, scientific apparatus, and instru
ments of precision.
In factories manufacturing toys, artificial flowers, billiard tables, sporting
goods, works of art, jewelry and silverware, glass and crystals, pottery,
furniture, textile, watches.
In the following workshops: Machine shops, blacksmith shops, printing
plants, color-mixing plants, drafting rooms, and designing and modeling estab
lishments, sculptors in stone, marble, ivory, and similar materials, diesinkers,
engravers on metal, wood, bone or stone, lapidaries, lithographers, statue
molders, electricians.
C hapter 3.—Care and compensation—medical and pharmaceutical attention
A rt. 28. In case of an industrial accident, the first duty of the employer is
to provide the injured worker with medical and pharmaceutical attention.
A rt . 29. When an accident has occurred, the persons who witnessed it or
who first gain knowledge of it shall without delay secure whatever first-aid
treatment is nearest at hand, without prejudice to the obligation of the employer
to provide the necessary medical and pharmaceutical attention at once.
A rt. 30. When adequate medical and pharmaceutical attention is hot available
in the work place, the employer is required, at his own expense, to transfer the
injured worker, as soon as his condition permits, to the nearest community,
hospital, or place where his case may receive proper attention.
A rt . 31. The attention which shall be given the injured worker includes
medical and surgical attention, medicines, and in general the orthopedic ap
pliances and all the therapeutic measures or auxiliary aids to the medical treatment prescribed, whether to assure the success of the treatment or to lessen the
consequences of the injury.
A rt. 32. Medical and pharmaceutical attention shall be rendered during the
entire term o f the illness, from the time o f the accident until the injured person,
according to the medical certificate issued by the attending physician or physi
cians, is in a condition to return to his work, or comes within one o f the
classes o f permanent disability.
A rt . 33. As a general rule, medical and pharmaceutical assistance shall be
rendered by the physician and the pharmacy designated by the employer, and
in this case all the expenses of the same shall be defrayed by the employer.
Judicial action to enforce payment for medical services and medicines which
have been freely contracted for by the employer, without judicial intervention,
may only be brought directly against the employer and under the civil law.
A rt. 34. Notwithstanding the provision of the preceding article, the injured
party has the right at any time during the illness, of refusing the medical or
pharmaceutical attention furnished by the employer; and of freely designating
the physician and pharmacy which are to render him the said attention; but if
he exercises this right, the employer shall be required to defray only such ex
penses as the judge shall determine to be reasonable in accordance with the
nature of the accident
Judicial action to enforce that part of the payment for medical and pharma
ceutical services which exceeds the amount fixed therefor by the judge may
be brought against the worker who chose said services only for the sum in
excess of the said amount and in the manner specified in the second paragraph
of the preceding article.
TEX T OF LAW S-----CH ILE
71
A rt. 35. Should the injured party designate the physician who is to attend
him, the employer shall have the right, during the treatment, o f designating on
his own account a physician to keep him inform ed concerning the condition o£
the injured party.
Art. 36. The designation referred to in the preceding article authorizes the
physician named by the employer to visit the injured person whenever he shall
deem it necessary, in the presence of the attending physician.
Art. 37. Should the injured person refuse to allow the visits of the physician
designated by the employer, in the manner indicated in article 10 of the law,
the latter may be authorized by decision of the civil judge of the Department
to suspend payment of the daily compensation or the provisional pension
being paid the injured party.
Hospital Attention
A rt. 38. When the injured party is cared fo r in a hospital, the employer
shall be exempt from the expenses o f medical and pharmaceutical attention,
except for the amount necessary for the services o f specialists and auxiliary
aids to the treatment, which can not be provided by the hospital.
A rt. 39. In all cases when the injured party is attended in a hospital, the
employer is required to contribute to the expenses of the establishment an
amount not exceeding 4 pesos per day during the period the injured person is
compelled to remain in the hospital.
Persons or institutions which represent the establishment may bring claim
directly against the employer for the expenses of the hospital service, and in
case of disagreement or refusal on the part of the employer, legal action may
be brought in the manner and form established in tlie last paragraph of article
11 of the law.
Art. 40. Terms on which hospital attention may be rendered injured persons,
as well as the sum within the maximum of 4 pesos per day which shall be paid
by employers, shall be fixed in each hospital by special regulations, which shall
be submitted for the approval of the Minister of Hygiene.
Funeral Expenses
Art. 41. In case of the death of a worker, the employer is required to defray
the funeral expenses, but only up to a maximum of 200 pesos. The payment
of funeral expenses shall be made without delay by the employer, and with
the urgency required by the case, to the family of the deceased, or in lieu
thereof to the hospital, institution, or society which, as a benefit or mutual
association, takes charge of the deceased worker.
A rt. 42. Obligations specified in article 10 o f the law, and expressed in detail
in articles 28 to 41 o f this regulation, are binding on the employer even when
he employs less than five workers, without prejudice to the provisions of article
6 of the law.
Compensation
Abt. 43. Independently of medical, pharmaceutical, and hospital attention,
and funeral expenses, the employer is required to pay the injured person, and
in case of death, to his beneficiaries, the compensation in money specified in
the following articles.
A rt. 44. For temporary disability, the compensation shall be equal to oneh alf the d?»ily wage o f the worker and it shall be paid during the entire term
o f the illness, from the day on which the accident occurred until the complete
recovery o f the injured party, without any deduction whatsoever fo r holidays.
A rt. 45 (as amended by decree of June 8, 1927). Permanent partial disa
bilities are of two kinds: Classified and nonclassified. Those classified are
given their respective valuations in the following table. Those not classified
shall be valued by agreement between the parties or by mediation of the judge;
but this agreement shall be subject, as near as possible, to the valuation table
[set forth below] when the disabilities affect the organs indicated in said table.
In this case it should be stated in the medical certificate what part of the ability
to work is retained in the injured member in relation to the normal ability
of the said member. (For example, partial ankylosis of the arm is equivalent
to the third, fourth, or fifth part of the loss of the said member.)
72
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
Cases wherein difference in opinion exists between two or more physicians
as to similarity of an unclassified to a classified disability specified in the
valuation table, the judgment of the physician of the General Labor Office shall
be preferred, and where there is no such individual, the opinion of the physician
of the General Health Office shall prevail.
Compensation for permanent partial disability shall not exceed the wages
for two years.
TABLE OF CLASSIFIED DISABILITIES
Per cent
Accident
o f wages
Total loss of either arm______________________________________________100
Total loss of either forearm___________________________________________100
Total loss of either hand______________________________________________100
Total loss of thumb of either hand_____________________________________ 50
Total loss of index finger of right hand________________________________ 40
Total loss of index finger of left hand_________________________________ 30
Total loss of distal phalange of right thumb___________________________ - 30
Total loss of distal phalange of left thumb____________________________ - 15
Total loss of a finger:
Middle__________________________________________________________ 15
Little____________________________________________________ __ - _- 22
Ring____________________________________________________________ 15
Total loss of one phalange of any finger__________________________ —— 10
Total loss of one thigh_______________________________________________- 100
Total loss of one leg--------------------------------------------------------------------------- 100
Total loss of one foot-------------------------------------------------------------------------- 84
Total loss one one toe------------------------------------------------------------------------ 10
Total blindness of one eye-------------------------------------------------------------------- 70
Total deafness---------------------------------------------------------------------------- -------- 70
Deafness of one ear------------------------------------------------------------------------ — 20
Computation of the compensation derived from this table shall be made on
the basis of the corresponding percentage, according to the disability suffered,
of two years’ wages of the injured worker, within the maximum of 3,000
pesos per year permitted by the law.
If the beneficiary has received, prior to the classification of the disability,
other compensation in money as daily compensation or a temporary pension,
the sum of these amounts shall be deducted from the final amount awarded
the worker for permanent partial disability.
Art. 46. In case of permanent total disability, the compensation shall consist
of a life pension equal to 60 per cent of the annual wage of the injured worker.
The life pension shall be paid from the date on which the accident occurs, it
being understood that if the injured party had received, under any form,
daily compensation or a temporary pension, the sum received in this manner
shall be charged against the value of the pension, calculated up to the date of
the determination of the life pension, either by an agreement of the parties or
by judicial decision determining the permanent character of the disability.
A r t . 47. In case of death, the compensation due beneficiaries of the deceased
shall be determined in the following manner:
I. As a general rule, the surviving spouse shall receive a life pension equal
to 20 per cent of the annual wage of the deceased, provided the marriage took
place prior to the accident.
However, if it is the widower who survives, he shall receive the compensa
tion only in case he is unable to work; and if it is the widow who survives,
she shall lose her right to compensation if she remarries, and her pension
shall accrue to the pension of the children of the deceased worker within the
limitation established by the law.
II. Legitimate or illegitimate minor children under 16 years of age are
entitled to a pension, the amount of which is determined according to the
following rules:
{a) When there is a surviving spouse entitled to a life pension, the total
pension of all the legitimate or illegitimate children shall be equal to 40 per
cent of the annual wage earned by the deceased.
(6)
When there is no surviving spouse with a right to a life pension, the
pension of the children shall be raised to 60 per cent of the annual wage.
TEXT OF LAWS— CHILE
73
(c) The total pension of 40 or 60 per cent of the wage due to the children,
according to the case, shall be divided among them in equal parts, without dis
tinction as to whether they are legitimate or illegitimate children.
(d) The pension payable to each child, whether legitimate or illegitimate,
may not in any case exceed 20 per cent of the wage.
(e) Any pension paid to a child which is terminated by the death of the
child, or by his having attained the age of 16 years, shall accrue in equal
parts to the individual pensions of the remaining children, as long as the
pension received by each of the surviving minors under 16 years of age is less
than 20 per cent of the wage, and until the maximum legal percentage for all
of them is reached.
(f) In case of the death of the surviving spouse, or the loss of the pension
by remarriage, the 20 per cent of the wage assigned as a life pension to the
above-mentioned spouse shall accrue to the pensions of the children, in the
manner and under the conditions established in the preceding paragraph.
(g) The right to pensions established in favor of the legitimate or illegiti
mate children shall begin on the day of the death of the parent injured in the
accident, and it shall terminate for each of them on the day on which they
attain their sixteenth year of age.
III.
Should the injured party die without leaving either legitimate or ille
gitimate children, the legitimate or illegitimate ascendants or descendants
supported by the deceased or who under the Civil Code have the right to
claim maintenance from the said decedent, provided that they can give authentic
proof, by any of the legal means, of their qualifications, shall be entitled to a
pension. Ascendants are entitled to a life pension, and descendants to a tem
porary pension until they shall have attained the age of 16 years, the amount
of which shall be determined according to the following rules and conditions:
(a) The total pension of 30 per cent of the wage of the deceased payable to
the said legitimate or illegitimate ascendants and descendants shall be divided
equally among them.
(&) In no case may the amount received by each legitimate or illegitimate
ascendant or descendant be more than 10 per cent of the wage of the deceased.
(c) Should there be more than three of the said beneficiaries megtioned in
the preceding section with right to compensation, the pension will be reduced
proportionately, and it shall at all times be equally divided among them, with
out distinction as to whether they are legitimate or illegitimate or ascendants
or descendants.
(d) In order to participate in the compensation, it shall be necessary that
the said legitimate or illegitimate ascendants or descendants give authentic
proof that at the time of the accident (1) they were supported by the de
ceased, not having other means of sustenance; and (2) that they were entitled
to claim a maintenance allowance from the deceased under the provisions of
the Civil Code relating thereto.
Only those persons proving kindred to the deceased and some of the circum
stances mentioned in the preceding paragraph shall be entitled to share in the
compensation. When, after the right to compensation has been established
in favor of one or more beneficiaries, a third party obtains a similar right to
share in the distribution, the right of the latter shall run from the first day of
the month following the decision, without being retroactive.
(e) In case of the death of a legitimate or illegitimate ascendant or descend
ant, or when a descendant has reached the age of 16 years, the compensation
paid the surviving beneficiaries, whether they are legitimate or illegitimate
ascendants or descendants, shall be increased proportionally, but only up to
the legal maximum amount.
(f) The right to pensions established in Part III, except that which is
stipulated in the last paragraph of the letter (d), shall begin on the day
of the death of the parent injured in the accident, and it shall end for each
descendant when he reaches the age of 16 years, and for ascendants at their
death.
IY. If, at the death of the injured party, there is no surviving spouse, nor
ascendants or descendants, legitimate or illegitimate, persons, whether related
or not, who were supported by the deceased in his house, under the same
roof, and who prove the following, shall be entitled to compensation; (1) That
they lack other means of substistence; (2) That they are absolutely incapacitated
for work; and (3) That they are under 16 years of age.
74
w o r k m e n ’s
COM PENSATION LEGISLATION
In these cases the pension shall be distributed in the following manner:
{a) The legal pension due to the said persons shall be 20 per cent of the
wage of the deceased, which shall be divided equally among them.
(&) The pension paid to each beneficiary shall in no case exceed 10 per cent
of the wage of the deceased.
(o)
When there are more than two beneficiaries with right to compensa
tion, the pension shall be divided in equal parts among them, whether they are
minors or adults.
( d)
In order to share in the distribution of the pension, persons claiming
the right to do so shall give authentic proof that they fulfill the requisites
established in Nos. 1, 2, and 3, of the first paragraph of Part IV. Provisions
contained in the last paragraph of letter (d) and in letters (e) and ( /) of
Part III, are applicable to the beneficiaries referred to in Part IV.
Art. 48. For the purposes of compensation arising under this law, illegitimacy
shall be proved by a record thereof, verified prior to the accident, and the
statement therein shall correspond exactly with that made by the person
soliciting the record.
Art. 49. In accord with article 15 of the law, all compensation for accidents
shall be subject to revision, provided this is requested within two years from
the date of the accident, and provided the petition is based on (a) aggrava
tion, diminution in, or complete recovery from, the disability, or (&) death
of the injured worker.
Claim for revision of the compensation, in accordance with the provisions
of article 14 of the law, can be made by the employer, the injured party,
or other person entitled to compensation.
Among others, the following cases give a right to revision of the
compensation:
(a)
When the injured worker has been awarded compensation for perma
nent total disability, and he partially recovers his ability to work, the employer
may request that the compensation be modified to that for permanent partial
disability.
(&) When the medical certificate.states that a permanent partial disability
may, by aggravation, develop into permanent total disability, the employer
shall pay temporary pensions, and the definite classification of the disability
shall be made at the end of two years.
(c)
When an injured worker having a temporary disability is given a medi
cal certificate stating that he has recovered, and he returns to his work,
any relapse shall be considered as a new injury and the compensation specified
by the law therefor shall be paid.
(tf) When an injured person receiving a pension for permanent total dis
ability dies within two years from the date of the accident, the persons entitled
to a pension shall have the right of claiming same, within the limitations of the
case and under the provisions of the law.
Art. 50. The pensions and compensation referred to in the preceding articles
shall be paid exclusively in money; that is, in coin or legal currency.
Art. 51. Pensions shall be paid monthly in advance and exactly on the first
day of each month.
The daily compensation for temporary disability may be paid to the injured
person daily, or on the pay days adopted in each industry or enterprise, pro
vided these pay periods are not longer than 15 days. In case of disagreement
between the employer and the worker, the judge shall fix the time of payment
of the daily compensation.
Art. 52. As a general rule, any accident causing incapacity to perform work
imposes on the employer, in addition to the obligation to provide medical and
pharmaceutical attention, that of paying the injured worker daily compensation,
equal to 50 per cent of the wage during the treatment of the injury, or in case
of occupational disease, until a definite diagnosis thereof is obtained.
Sums thus paid to the worker shall be deducted from the total amount he is
to receive as compensation for disability, whether this is permanent total or
permanent partial disability.
Art. 53. Pensions and money compensation, as well as all rights conferred by
the law, may not be renounced nor attached, nor are they subject to set-off
or transfer.
Except the compensation provided for in the last paragraph of article 8 of
the law, the worker or his beneficiaries may not agree with the employer liable
TEXT OF LAWS— CHILE
75
therefor for a different form of payment than that established by law, such as
payment in capital or in a lump sum, instead of periodic pensions, or the pay
ment of the pension annually instead of monthly.
In general, any payment made in violation of these provisions is null, and
the worker is authorized to require repayments of such compensation.
Abt. 54. Notwithstanding the provisions of the preceding article, compensa
tion payments or pensions in arrears may be renounced or set o ff; and the right
to demand them may be transmitted on the death of the worker or may be sold
or transferred.
By compensation or pensions in arrears is understood those owing by the
employer to the worker or his beneficiaries at the time of the judicial decision
definitely establishing the rights of the beneficiaries.
Art. 55. By virtue of the provisions of article 17 of the law, actions brought
to enforce payment of compensation or pensions, except those contemplated in
the second paragraph of article 8, shall be outlawed at the end of two years
from the date of the report of the accident prescribed in article 32 of the law.
Such prescription will not run against minors having a right to compensation
until they have reached the age of 16 years.
The inquiry ordered by article 32 shall be without cost, but when the employer
or owner is held liable, the costs shall be charged against him, under regulations
previously made by the judge in the case, in conformity with the law.
A rt. 56. In case of the insolvency of the employer, credits in favor of the
injured person or his beneficiaries for medical and pharmaceutical attention,
funeral expenses, and money compensation in general shall be considered among
the preferential credits specified in No. 4 of article'2472 of the Civil Code.
In case of the loss by fire of property belonging to the employer, the credits
referred to in the preceding article shall have preference as to payments under
the insurance policy.
It is understood that credits for physicians’ services and medical supplies,
within the amounts fixed by the judge in the case, and those for hospital fees
which are referred to in article 38 of this regulation, shall have the same
preference.
A rt. 57. When the employer ceases to operate his business for any reason,
and particularly because of death, bankruptcy, or judicial or voluntary liqui
dation, or removal of the enterprise or establishment, the capital representing
the pensions shall be deposited by the employer debtor or by his heirs in the
National Savings Bank at Santiago, or in a pension institution which complies
with the requirements of the law.
A rt. 58. In all cases it shall be considered that the agents or contractors of
public or private works referred to in article 8 of this regulation cease opera
tion of their enterprises when they conclude the performance of the contract
job or work, or when for any reason the contract is definitely liquidated.
Final settlement for public work which is performed under contract shall
not be approved nor shall the deposits or sums retained as guaranties be re
turned to the contractor until the latter, in lieu of an insurance contract
approved by the administration, has complied with the requirement to deposit
in the National Savings Bank, or in a pension company, the capital representing
the pensions due those injured in industrial accidents.
A rt . 59. F or the purposes o f the provision in article 27 o f the law and arti
cle 60 o f this regulation, regarding the capitalization o f pensions and the
mathematical reserves, the follow ing amounts shall be established as the
necessary capital:
Value of temporary pensions of 100 pesos per year, payable monthly in ad
vance until the beneficiary minor attains the age of 16 years
Capital
[pesos]
Age
[years!
0 ................................. ....................... .. 966
1................................. ......................... 960
2 »........................... .............................942
3............................. .............................912
4............................. ............ .............870
5 ................................. ......................... 826
6............................. ....................... .. 776
............................. 720
13494°—30------6
Age
[years]
Capita]
[pesosl
8............................. ......................... 660
9............................. ......................... 595
10............................... ............................. 525
11........................................................ 449
12...................................................370
13............................... .........................280
14........................................................ 192
98
15...........................................................
76
WORKMEN’S COMPENSATION LEGISLATION
Value of life pensions of 100 pesos per year, payable monthly in advance
Age
[years]
Capital
[pesos]
Age
[years]
Capital
[pesos]
Age
[years]
Capital
[pesos]
32................
10............... ..........1,606
1, 060
, 1,428 54................
11............... ..........1,600
33................
1,406 55................
1, 037
12............... ..........1,594
34................
1, 400 56..........................1,013
13............... ..........1,587
989
35................
1, 394 57..........................
14............... ..........1,579
3 6 ............ ..........1,382
58_________
965
15............... ..........1,571
940
37................
1, 369 59..........................
16...............
914
1, 562 38................
1, 355 60..........................
17................_____ 1,555
889
39................
1, 341 61..........................
18................
1, 546 4 0 ...............
863
1, 326 62..........................
19................
837
1, 538 41................
1, 301 63................
20................
810
1, 531 42................
1, 296 64................_____
21..........................1,523
784
65................_____
43..........................1,279
22................. . . .
758
66................
1,515 44..........................1,262
23................_____ 1,508
731
1, 244 67_________
4 5 ...............
704
24................
1,500 46................
1, 226 68..............
678
25................... ,
1, 207 6 9 ...............
1,493 47................
26.......................... 1,485 48................
651
1,188 70..........................
625
27................
1,476 49................
1,168 71_________
599
28................
1, 147 7 2 ..............._____
1,467 50................
574
29.......................... 1,458 51................
1,127 73..........................
30.......................... 1,449 52................
548
1,105 74........... ..........
523
31................
1, 083 75_________..........
1, 439 53................
A r t . 60. In order to apply the amounts specified in the tables in the preceding
article in the capitalization of the pensions referred to in No. 2 of article 13 of
the law, and Parts I, II, III, and IV of article 47 of this regulation, three
forms of calculation are established: 1. For simple pensions; 2. For pensions
of minor children; and 3. For composite pensions.
Simple pensions are those due the permanently disabled worker, or the sur
viving spouse, as the case may be. To calculate the capital representing these
pensions, the following shall be taken into consideration:
(а) Age of beneficiary, disregarding fractions of a year.
(б) The basic capital corresponding to that age, according to the table.
(c) The amount of the annual pension.
Applying the rule of three to these three factors, the amount representing
the capital sought will be obtained. * * *
Pensions of minor children are those of the legitimate or illegitime children,
in accordance with the provisions of Part II of article 47 of this regulation.
To calculate the capital representing the pensions due the children, the fol
lowing shall be taken into consideration: (a) The number of children; (&)
the age of each; (c) whether there is a surviving spouse; (d) the amount
of the annual pension.
When there is only one child entitled to a pension, the capital necessary to
produce 20 per cent of the wage of the deceased shall be calculated on the
basis of the [first] table in article 59. If there are two or three children
entitled to a pension, the capital necessary to produce for each one of them
20 per cent of the wage of the injured party shall be calculated separately on
the basis of said table in article 59, and the sum resulting will constitute the
capital to be deposited. If there are more than three children entitled to a
pension, the calculation shall be made on the basis of the age of the three
youngest children.
If there is a surviving spouse and a child or children entitled to a pension,
the capital representing the pension of the surviving spouse shall be calculated
according to the [second] table of article 59, adding that representing the
pensions of the child or children calculated in the manner specified in the
preceding paragraphs. For this purpose, when there are more than two chil
dren, the capital representing the pension of the children shall be calculated,
taking into consideration the two youngest.
Composite pensions are those of legitimate or illegitimate ascendants and
descendants, and persons supported by the deceased worker, in accordance
with the provisions of Parts III and IV of article 47 of this regulation.
To calculate the capital representing the pensions referred to in Part III,
the following shall be taken into consideration: (a) The number of benefi-
TBIT OP LAWS— CHILE
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claries; (6 ) the age o f each ; (c ) the w age o f the deceased, applying the
[second] table in article 59 o f this regulation.
I f there is one beneficiary, his pension shall not exceed 10 per cent o f the
annual wage and the capital necessary to produce this pension shall be de
posited. I f there are tw o or three beneficiaries, the capital o f each pension
shall be calculated separately, according to the age o f each, and the sum re
sulting shall be deposited, so that each beneficiary shall receive 10 per cent o f
the wage o f the deceased.
When there are more than three beneficiaries, the calculation shall be made
by taking the figures in the table corresponding to the three beneficiaries calling
for the highest capital, whether these are ascendants or descendants, for the
purpose of obtaining for all jointly an income equal to 30 per cent of the wage
of the deceased.
Chapter 5.—Insurance
Art. 61. In accordance with the provisions of article 21 of the law on
industrial accidents, the employer or owner, as the case may be, may satisfy
his obligations under articles 10, 18, and 14 of said law by means of individual
or collective insurance of his workers or employees contracted with a company
legally organized and authorized in accordance with this regulation to issue
insurance against industrial accidents. This insurance shall be entirely at the
expense of the employer, and any retention or deduction made directly or
indirectly from the wages of the workers for payment of the premium or as a
contribution toward industrial accident insurance is unlawful.
A rt. 62. B y insurance regularly taken out in conform ity with the law and
this regulation, the employer is exempted from all liability, provided the
insurance company is bound by the contract to make full payment o f all com
pensation due the worker injured in an accident. In all cases, when the com
pensation stipulated, or which is paid by the said companies, under the contract
made by the employer i% less than the legal compensation, direct liability for
payment o f the difference shall be considered to rest with the employer.
Art. 63. The insurance can be carried at the employer’s option:
1. In a Chilean insurance company, either mutual or with a fixed premium.
2. In an employers’ mutual association, legally organized on the basis of
joint responsibility of the members, and without their being able to participate
directly or indirectly in the profits.
3. In a concern having legal capacity, also organized on the basis o f joint
liability o f the members and without their being able to participate directly or
indirectly in the profits.
A special regulation to be issued by the President of the Republic shall
determine the conditions of organization and guaranty, and further establish
the essential provisions to be contained in the by-laws by which the [employers]
mutual associations and mutual aid societies shall be governed.
Art. 64. For the purposes of this regulation, by Chilean companies is to be
understood those legally constituted, with headquarters in the country which
have more than 50 per cent of their stock in the hands of Chileans, either
individuals or corporations, and provided the stock held by foreigners residing
abroad is not more than 25 per cent of the total.
Art. 65. By mutual insurance companies is to be understood those legally
constituted for the purpose of dividing equally among the associated employers
the risk suffered by one or a number of them.
The reserve of these mutual insurance companies shall represent, as a mini
mum, an amount equal to five per cent of the total wages which said companies
can insure.
Art. 66. Mutual insurance companies or companies with a fixed premium
which wish to assume the employers’ legal obligations are bound to establish
the guaranties and special reserves of industrial accident insurance and to
submit to the conditions as to organization and operation, as well as the
administrative inspection and supervision of the insurance, established by this
regulation.
A rt. 67. The provisions o f Law No. 1712 of November 17, 1904, and of the
regulatory decree of December 14, 1904, apply to industrial accident insurance
companies in so far as they are not contrary to Law No. 4055 of September 26,
1924, as amended by decree-law No. 379 of March 18,1925, and to this regulation.
The administrative inspection referred to in Chapter 8 of this regulation shall
be exercised without prejudice to the powers of the General Labor Office.
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A rt. 68. No mutual or fixed premium company may legally issue industrial
accident insurance for the purposes of the law before authorization to carry
this class of insurance by decree of the President of the Republic.
To obtain such authorization, companies must apply in writing to the Minister
of Hygiene, Assistance, Social Welfare, and Labor, accompanying their petition
with the following documents in duplicate:
1. A certified copy of their by-laws and the documents proving that the
company has been legally constituted in conformity with the Commercial Code
and the general insurance law and other provisions in force.
2. Detailed rates of premiums which the company proposes to establish for
total or partial insurance against accidents, or in full the bases adopted for the
distribution of the risks, if the company is mutual. However, within the
period of one year from the date of this regulation the companies shall be re
quired only to communicate the rates or general rules adopted for the collec
tion of the premiums or the mutual distribution.
3. General conditions of the insurance which they propose to issue with
samples of their different policies.
A rt. 69. The authorization required to issue accident insurance shall be
granted only to companies showing evidence of having fulfilled the following
conditions:
1. Presentation of the documents mentioned in the preceding article.
2. Acceptance by the National Government of the initial guaranty which
each company shall establish in the form and conditions established by this
regulation.
3. The express declaration that the applicant company binds itself to conform
rigorously, in accident insurance contracts, to the legal and regulatory pro
visions in force, especially those which concern the classification of industrial
accidents and occupational diseases; the form and amount of the compensa
tion ; the insurance benefits, and the constitution of the guaranties and special
reserves; and, finally, the administrative measures <*t‘ inspection and super
vision established by this regulation, or which may hereafter be decreased.
4. Exclusion from the policies or insurance contracts of all clauses provid
ing for forfeiture as regards the injured wrorker or his beneficiaries, the
said policies to state clearly whether the insurance is total or partial, and,
if partial, each of the obligations assumed by the company for the employer.
5. The complete separation of the accident insurance operations from any
others carried on by the company, in such a way that the guaranties and re
serves of the accident insurance shall be absolutely independent from all
others which the company may maintain.
A rt. 70. Authorization to issue industrial accident insurance shall be
granted in each case by a special executive decree, declaring that the com
pany has fulfilled all the essential preliminary conditions prescribed in the
preceding article.
A rt. 71. Executive authorization may be suspended or revoked whenever any
irregularities are proved which involve failure on the part of the authorized
company to fulfill the obligations relative to the payment of legal compensa
tion or any of the conditions of organization, guaranty, and operation pre
scribed by this regulation.
A rt. 72. The special guaranty deposit required from every insurance com
pany shall represent:
1. For the first year of operation of the company, the sum of 100,000 pesos
for fixed-premium companies and 50,000 pesos for mutual companies.
2. Beginning with the second year of operation of every mutual or fixed
premium company, 20 per cent of the deposits referred to in the preceding
paragraph until a maximum of 250,000 pesos for fixed-premium companies,
and 150,000 pesos for mutual companies, has been reached, provided they agree
to deposit in an institution authorized by law the capital representing the
pensions due for death or permanent total disability. Otherwise the annual
increase of the guaranty deposit shall be 50 per cent until a maximum of
500,000 pesos is reached.
A rt. 73. The guaranty deposit shall be subject to the payment of the com
pensation to which the company is liable, and shall be considered as a guaranty
pledge in favor of the insured, in conformity with article 3, of Law No. 1712
of November 17, 1904.
A rt . 74. The guaranty deposit may be made, at the option of the insurance
company, in money, Government bonds, bonds, guaranteed by the State, for
municipal loans or the construction of dwellings for workers, or bonds of the
T E X T OF LA W S— C H ILE
79
Mortgage Loan Bank and the national mortgage banks, provided the mortgage
bonds issued by the latter have been declared accepted by the President of the
Republic.
A rt. 75. The guaranty, in money or the securities enumerated in the pre
ceding article, shall be deposited in a Government depositary, and the depositing
company must be given a receipt therefor, said receipt to stipulate that the
deposit can not be withdrawn except under an Executive decree expressly
authorizing its wtihdrawal. When the deposit consists of bonds, the receipt
shall also contain a description of said securities, and the quotation of each
thereof on the date of deposit, as specified in the following article.
A rt. 76. The securities given as guaranty shall be valued at their average
quotation on the national exchange, or on the foreign exchange when the
securities are not negotiable in the country, calculating said average on the
quotations o f the month preceding the date o f deposit, or if such are lacking,
those o f the last monthly period.
In every case, these values shall be credited to the interested company,
unless said company immediately submits the Santiago Exchange quotations
of the securities, in which case it shall attach an official statement thereof.
A rt . 77. The company is required to increase its guaranty whenever the
securities deposited are quoted on the market at a depreciation exceeding 20
per cent o f the quotation accepted on the date o f the deposit.
Art. 78. Interest borne by the securities given as guaranty may be with
drawn by the company at any time without previous authorization.
The value of bonds which are redeemed can be delivered to the company only
in exchange for an equivalent deposit of the securities necessary to complete
the required guaranty.
Art. 79. The guaranty deposit can be withdrawn by the insurance companies
only upon authorization granted by decree of the President of the Republic,
if the companies give evidence of having fulfilled all the obligations concerning
the insurance contract and of having deposited in the savings banks (cajas de
ahorros) or other institutions authorized by law the capital representing the
pensions owed for accidents causing the death or permanent total disability
of injured workers.
A similar rule is applicable to the cancellation of guaranties consisting
of real estate under the provisions in the following articles.
Art. 80. Insurance companies may substitute for the deposits referred to
in the preceding articles a guaranty of equal value in real estate situated in
Chile, or a first mortgage thereon.
If the company chooses to constitute its guaranty in any of these forms,
it shall submit to the ministry all necessary records so that an appraisal can
be made of the guaranty offered, especially the title deeds, the last official
appraisement of the properties for the purposes of the real property, and a
certificate of the recorder of deeds showing that the properties are free from
encumbrances and restrictions against mortgages or transfers.
When treating of urban buildings, a contract of fire insurance shall also
be submitted in which it shall be expressly stipulated that the said policy shall
remain in force while said property is in guaranty, whether or not the premium
is paid, the insurance company binding itself, in case of fire, to deposit the
full value of the insurance in the Government depositary.
On consideration of the records presented, the President of the Republic
may accept or refuse the guaranty offered.
Art. 81. In every case the guaranty in real estate or first mortgages thereon
shall not be considered as constituted for the purposes of this regulation until
it has been accepted by Executive decree and the said decree has been recorded
in the office of the recorder of deeds.
Likewise, if the guaranty consists of a mortgage, it shall not be considered
as approved until it has been proved by means of a certificate issued by the
recorder of deeds that the mortgage given is a first mortgage.
Art. 82. Every mutual or fixed-premium insurance company is required to
prove, from the second year of its operations, the formation of a reserve fund
with a minimum value of 90 per cent of the total capital representing the
pensions which it is obligated to pay for accidents which have caused death or
permanent total disability.
The calculation of the capital representing the pensions shall be according
to the tables and systems of calculation specified in articles 59 and 60 of this
regulation, or any modification thereof authorized by Executive decree.
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A rt. 83. Mutual or fixed-premium companies which do not administer the
pensions directly, but only bind themselves to deposit the capital representing
the same whenever demanded, in the savings banks ( cajas de ahorros) or
in other institutions authorized for this purpose, are not required to form the
reserve fund referred to in the preceding article.
A rt. 84. The reserve fund fo r the pensions shall remain in the possession
o f the company and be administered directly by it ; but such fund may be
invested or placed only as follow s:
1. In money or the securities specified in article 74 of this regulation;
2. In real estate or in first mortgages thereon, investments of this nature not
to exceed 50 per cent of the total value of the reserve fund; and
3. Up to a tenth part of said fund in paid-up shares of industrial or com
mercial companies of known solvency.
A rt. 85. Composition of the reserve fund formed by insurance companies
according to the provisions of articles 82 and 84, shall be specified on a form
which, with the balance sheet, shall be sent to the General Labor Office, and
this office may order any readjustment of the estimates or any changes it
deems advantageous, making an inspection of the company’s books if considered
necessary.
Art. 86. The authorized insurance companies must present annually to the
General Labor Office the balance sheet of their operations and an explanatory
memorandum which shall set forth especially:
1. The investment of the assets of the company, specifying the securities
composing the same and those which are especially subject to the mathematical
reserves of the pensions owed by the company;
2. The earnings produced by the insurance, distinguishing between the indi
vidual and the collective insurance, and between the direct insurance and the
reinsurance;
8. The payment of premiums for reinsurance of risks;
4. The number of policies issued, canceled, lapsed, and terminated by acci
dents or the expiration of the contract; also the amount of the wages insured,
separately for the individual and the collective insurance, and for the risks
assumed directly and the reinsurance;
5. The total of the life and temporary pensions then being paid by the
company, specifying the number and class of the beneficiaries of said pensions;
6. A statement of the accident claims, of those pending before the courts
and of those paid; their amount, differentiating between those for death, for
permanent total disability, for permanent partial disability, and for temporary
disability; and
7. A list of the stockholders, specifying their nationality and present
residence.
The annual balance-sheet of the insurance company and a summary of the
explanatory memorandum shall be published in the Diario Oficial at the
expense of the company. Each company shall also publish such statements
in a daily paper in the locality where the company has its headquarters.
Administration
of the
Pensions
Art. 87. By virtue of the provisions of article 22 of the law, employers not
Insuring their workers against accidents causing death or permanent disability
to the worker shall, at their election:
1. Deposit mortgage guaranty or security in the accident section of the
National Savings Bank (Caja Nacional de Ahorros) to guarantee the pensions
owed, and also pay to this institution, as contribution to the guaranty fund
referred to in article 30 of the law, a sum equivalent to 5 per cent of the
capital representing the pensions, in accordance with the capitalization tables
contained in article 59 of this regulation; or
2. Contract with a national pension company for the administration of the
pension owed, delivering to this company the capital representing the pension,
which shall not be less than that specified in the tables in article 59 of this
regulation. Such contract may also be made with a Chilean insurance company,
provided such company has a paid-in capital of not less than 1,000,000 pesos.
Art. 88. When the employer contracts for the administration of the pension
owed, in the form indicated in paragraph No. 2 of the preceding article, he
shall receive a certificate of transfer from the institution contracting to ad
minister the pension, and this company shall issue a pension certificate to the
TEXT OF LAWS— CHILE
81
injured person or other persons entitled to the said pension. Both certificates
shall have executive force.
Art. 89. Employers not insuring their risk, and those who do not contract for
the transfer of their obligation in the form indicated in paragraph No. 2 of
article 87 of this regulation, shall deposit in the National Savings Bank ( Caja
National de Ahorros) securities which will produce the pensions payable and
the bank shall be responsible for their administration and payment.
If the value of the securities depreciate, the savings bank (caja de ahorros)
may require that the securities be increased up to the total guaranty required
for the pensions to be administered, bringing action against the employer as
provided in No. 3 of article 28 of this law. The savings bank shall release the
mortgage guaranties or securities upon the expiration of the pension guaranteed.
A bt. 90. To be entitled to contract with the employer to administer a pension,
a company must prove—
(a) That it has a paid-in capital of at least 1,000,000 pesos.
(&) That it has been declared legally organized.
(e)
That it has deposited in a Government depositary as a guaranty of its
operations a minimum of 250,000 pesos, in money or the securities referred to
in article 74 of this regulation.
(d) That it has deposited in the General Labor Office copies of its transfer
and pension certificates, copies of its by-laws, its last balance sheet, a complete
list of the pensions being administered and of the last monthly payments made.
(e) That its by-laws provide that the capital representing the pensions being
administered shall not be removed while such pensions are in force, and that
it has been invested in the securities specified in article 84 of this regulation.
Art. 91. Contracting by insurance or pension companies for the administra
tion of pensions at a capital less than that established by this regulation is
absolutely prohibited.
Art. 92. Insurance companies shall obtain the authorization to contract for
the administration of pensions by proving merely that they have a paid-in
capital of 1,000,000 pesos and that they have deposited as a guaranty the sum
of 250,000 pesos. Capital originating under this section [articles 87-93] shall
be maintained in a separate account from other operations.
A rt . 93. Provisions of articles 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 84, and
85 of this regulation are applicable to pension companies as well as to insurance
companies.
Judicial Procedure
accident reporting
Art. 94. Every accident which may cause incapacity for work or the death
of the injured worker shall be reported by the employer within five working
days, addressing the report to the civil judge (el juez de letras) of the Depart
ment in which the accident occurred.
When the employer fails to submit the said report within said period of five
days, it shall be made by his representatives, among whom are included aside
from legal representatives, any person or employee who represents the employer
in the supervision of the work, or who participates in any capacity in its
direction or administration.
Art. 95. The five-day period referred to in the preceding article begins from
the moment the accident occurs. When communication between the place of
the accident and the capital of the Department is interrupted, a provisional
report may be made by telegraph, telephone, or other means, which must be
confirmed with all the required details within the shortest time possible, taking
into consideration the interruption.
In every case, the report of the accident made by the employer or his repre
sentatives after the specified period of time has elapsed, and at any time,
shall be accepted by the judge, and he is required to conduct the judicial pro
ceedings ordered by the law, without prejudice to the fine applicable to those
unable to justify the delay in making the report.
A rt . 96. In Departments having several courts (los juzgados de letras),
the report shall be taken care o f by the judge presiding in the civil oourt on
the date on which the report is received.
Art. 97. The report shall contain at least the following data:
1. Name and address o f the employer and the person representing him.
2. Indication, as exact as possible, o f the place where the accident occurred.
3. Name and residence of the injured person, or the place where he is to
be found.
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4. Name and residence of those who witnessed the accident or who have
knowledge of it.
5. Wage or salary of the injured person.
Whenever possible, the report shall also contain the following information:
1. Age and civil status of the injured person.
2. Material causes of the accident, and the hour and circumstances under
which it occurred.
3. Nature of the injuries sustained and their probable consequences.
4. A certificate of the doctor who attended the injured person.
5. Whether or not the employer is insured, and if so, the name and head
quarters o f the company or association.
A bt. 98. The form and contents of the report referred to in the preceding
articles shall conform as far as possible to the form contained in the supple
ment to this regulation.
A rt . 99. The Ministry of Hygiene and Social Welfare shall issue printed
copies of the form referred to in the preceding article, to the clerks of the
courts (el juzgado de letras), so that said forms may be furnished free to
parties interested.
A rt. 100. The clerk o f the court shall give a receipt fo r the report o f the
accident and the acompanying documents, provided it is requested by the party
submitting the report.
A rt. 101. Irrespective of the report of the employer or the absence thereof,
any industrial accident may be reported to the judge by the injured party
or his representatives, or by any person who witnessed the accident or has
knowledge thereof. In such cases the report may be submitted at any time,
without regard to the time and conditions stipulated for the report of the
employer. The judge shall admit it without other condition than that it
presents reasonable cause and contains the necessary data whereby the injured
party and the establishment or enterprise in which the accident occurred may
be identified.
A rt . 102. The report o f the accident having been received, the judge shall
proceed immediately and without delay to hold the inquiry ordered by article
32 o f the law, which shall be conducted in the place where the accident
occurred, and also in the place where the injured party is to be found i f the
latter is unable to attend the inquiry.
For this purpose the judge may request the attendance of the employer or
his representatives and of two witnesses of the accident, or persons who first
had knowledge of the accident; but in any case the inquiry shall be held in
the presence of persons, no matter what their title, who were present at the
accident.
A rt . 103. Should the judge find it impossible personally to conduct in due
time the inquiry concerning the accident, he may delegate said duties to the
judge of the subdelegation or of the district wherein the accident occurred.
A rt. 104. The inquiry ordered in the preceding article will not be necessary
in cases of temporary disability: (a) When no action has been begun by the
injured party; (&) when the report is sent to the judge accompanied by a
medical officer’s certificate.
A rt. 105. When the report is not accompanied by a medical certificate or
said certificate is considered insufficient by the judge, he may appoint the
medical officer serving in the jurisdictional district of the court to make a
report, said physician not being entitled to any special remuneration for making
his report, except where the employer is declared to be liable in accordance
with the provisions of article 18 of the law, in which case the employer shall
pay a fee fixed by the judge ordering the report.
A rt . 106. When, in cases not covered by article 104, it is necessary to hold
an inquiry, the judge, upon completion o f the inquiry, shall order that the
parties be so notified, and. shall summon them or their representatives to a
hearing to take place on the fifth working day after the last notification.
The summons to the hearing shall be made by a marshal (ministro de fe),
who shall deliver to the parties a copy of the order for the hearing. If any
of the parties is not at the residence stated in the order, the notice shall be
considered as duly served by leaving a copy of the same at the residence of
the part'es, even though the latter are not personally notified.
A rt . 107. The inquiry held by the judge is fo r the purpose o f verifying the
inform ation contained in the report, and in all cases to collect the inform ation
necessary to establish the follow ing fa c ts :
TEXT OP LAWS— CHILE
83
1. The material causes of the accident and the circumstances of the same;
that is, the hour, the place, and the occupation or work the injured worker
was performing at the time of the accident, and the nature of the same; that
is, whether the accident was due to occupational hazard, or whether it may
be considered as comprised in any of the exceptions specified in article 2 of this
regulation.
2. The name of the employer and the name of the worker, the civil status, age,
and residence of the injured worker, and the place in which he may then be
found.
3. The condition of the injured person and the probable consequences of the
accident; that is, the nature of the injuries and the resulting disability; and
in any case, the length of time in which it will be possible to know the final
result of the accident.
For this purpose the judge shall require, whenever possible, and when
justified by the seriousness of the probable consequences of the accident,
presentation of the certificate of the attending physician thereon.
4. The full name, place, and date of birth, the residence and address of the
persons who, in case of the death of the injured party, can claim compensation.
5. The wage or salary earned by the injured person on the day on which
the accident occurred, obtaining all the data necessary to calculate the basic
salary for the computation of the legal compensation as provided in articles
11 to 18 of this regulation.
6. Firm name and location of the association or company in which the
employer is insured, or statement to the effect that he is not insured.
A rt. 108. In the hearing held, the judge shall try to effect a conciliation
between the parties and if an agreement is reached in accordance with the
provisions of this law, a record of the proceedings shall be made, and the judge
shall render a decision immediately, or within not more than five days, defi
nitely fixing the compensation to be paid the injured party or his relatives.
If there are any who are legally incompetent among those entitled to com
pensation, the court shall order the appearance of the guardian ad litem
( defensor de menores) at the hearing, and before rendering his final decision,
shall hear said official, who may present his plea at this hearing or in writing
within the third day should he not be present or should he so request, for which
purpose the records shall be turned over to him.
When among those interested there are incompetents not having legal repre
sentatives, the judge shall designate a special guardian to defend their rights
in court, preferring for this purpose the nearest relatives of the incompetents.
Art. 109. The procedure as to questions not settled by agreement of the
parties shall be according to the rules established for summary actions, in
Chapter 12 of Book III of the Code of Civil Procedure, with the exception of
the provision in article 839 (838), but in no case are these actions subject to the
provisions governing trials of ordinary cases.
The proceedings in these cases shall be on ordinary paper and no tax shall
be imposed thereon.
The judge may order, during the prosecution of the case, if he finds reason
able cause therefor, that the plaintiff be paid from the date of filing of the
claim, a provisional pension not exceeding one-half the wage earned by the
injured worker on the day of the accident.
The judicial order for the payment of the provisional pension is appealable
only as regards form but not substance, and consequently shall be complied
with notwithstanding the appeal, unless it is modified by the higher court.
The plaintiff is required to refund the provisional pension only when he
loses the case and it is declared that he has acted in bad faith. The judge
shall specifically state in his decision whether or not the plaintiff has acted
in good faith, and if the decision is against him the plaintiff shall be required
to refund all the provisonal pension which he has received.
Art. 110. Industrial accidents, according to the legal definition in articles 1
and 2 of this regulation, give no right to sue for compensation other than that
provided in articles 13 and 14 of the law. Only that referred to in paragraph
3 [2] of article 8 of the law is excepted.
Art. 111. When employers have insured their risk against acicdents in an
insurance company, the insurance company assuming the fulfillment of their
obligations, shall be considered as subrogate to them as to their rights in regard
to claims against third parties, as provided in article 5 of the law and 7 of
the regulation.
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Abt. 112. Actions claiming the pensions and compensation referred to in
articles 13 and 14 of the law must be brought within two years from the
date on which report of the accident was made, whether by the employer
or his representative, or by the injured party or his relatives, or by any person
in the community.
A bt . 113. Appeals of the parties from decisions pronounced in the actions
referred to in this law shall be brought without the necessity of the parties
appearing and shall have preference over all other cases before the courts
of appeal.
Decisions in these cases are final.
Abt. 114. For agreements between the parties to be valid, it is necessary,
when minors and incompetents are parties, that these agreements be approved
by the judge (el juez letrado) of the department in which the accident oc
curred, the guardian ad litem of the minors (defensor de minors) being
heard.
Abt. 115. In the civil courts (los juzgadores de letras en to civil), a sepa
rate file shall be opened for each case, with the following headings: 1. Num
ber of the case; 2. Given name and surname of the injured party; 3. Given
name and surname of the employer, or firm name of the company or concern
employing the worker; 4. Kind of industry or enterprise; 5. Keys to the
records.
To each file shall be added an index of the documents therein contained.
Abt. 116. In each court two record books shall also be kept: 1. Accident
record book; and 2. Alphabetical index of cases.
In the first book each leaf shall be used for entries as to a single case only.
In the second book will be noted the given name and the surname of the
injured party, arranged according to the initial letter of the first surname,
and reference to the pages in the accident record where the record of the case
is to be found. * * *
Chapter 6
[Repealed by decree No. 217 of April 30, 1926, relating to sanitation and
safety.]
C h ap ter 7.—Fines and their application
Art. 161. Violations of the law on industrial accidents shall be penalized
by the fines which are prescribed in the law itself, and which affect either
the employers or the workers.
I. F ines Affecting Employers
Art. 162. Any employer violating the provisions of article 10 of the law
shall be penalized by a fine of from 200 to 500 pesos, for the benefit of the
public charity (beneficenda publica) of the Department. Upon report of the
violation by the injured party, by any of his relatives, or by any person of
the community to the judge (el juez de letras) of the Department, said official
shall proceed briefly and summarily, hearing the plaintiff and the defendant
and conducting officially the proceedings in the case.
The decisions rendered, including the final judgment, are appealable only
as regards form but not substance. The treasurer of the board of charities
(junta de beneficencia) shall be considered a party to the action for the
purpose of pursuing the payment of the fine which may have been imposed
on the violator.
A rt. 163. Any employer violating any o f the provisions o f article 22 o f the
law shall be required to pay a fine equivalent to iy2 per cent monthly on the
amount o f the capital representing the pensions to be paid.
Abt. 164. If an employer fails to make the report referred to in article 32
of the law in due time and form, he shall incur a fine of from 50 to 200 pesos.
Art. 165. Employers who do not employ in their factories or workshops the
safety apparatus and devices prescribed for the prevention of industrial acci
dents, as well as other conditions of safety and sanitation compulsory in each
industry, shall be penalized by a fine of from 50 to 300 pesos, without prejudice
to the criminal liability which may arise.
A rt. 166. Employers who, through their own action or that o f their employees,
seek to hinder or obstruct the inspectors from visiting the work places shall
incur a fine of from 100 to 500 pesos for the first offense and of from 500 to
1,000 pesos in case of repetition.
TEXT OF LAW S— CHILE
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A rt. 167. The fines fixed in the four preceding articles shall be imposed
administratively. Inspectors shall report violations to the governor of the
respective Department, who shall impose the fine.
Notice of the imposition shall be made by a police agent, who shall deliver
to the employer or the person representing him or acting in his place in the
works an attested copy of the decision of the governor, in order that it may
be complied with within three days. Failure to pay the fine within the time
specified shall render the employer liable to payment of a fine of triple the
original amount, which shall be collected through executive action.
A violator who pays the fine may appeal the same to the judge (el juess
letrado) of the civil court, Which official shall conduct the appeal procedings
briefly and summarily, in accordance with the provisions of Book III, chapter
12, of the Code of Civil Procedure.
A rt. 168. When the fines have been collected, the governor shall notify the
National Savings Bank ( Cuja National de Ahorros) and the General Labor
Office.
II. F ines A ffecting W orkers
A rt. 169. Fines imposed on employees and workers by employers, in con
formity with the power conferred on them by article 39 of the law, in order
to penalize disobedience, by the said employees and workers of the work
rules on order and safety, shall be collected by the employer retaining the
amount of the fines out of the wages of the employees and workers at fault.
The total of the fines collected per day may not exceed one-fourth of the
daily wage of the worker. Fines shall not be levied except in accordance
with the work rules on order and safety of work which have been posted at
least 15 days in two conspicuous places in the workshop, factory, or place of
work.
The total amount of these fines shall be deposited integrally by the employer
in the accident section of the National Savings Bank (Oaja Nacional de Ahorros)
within the period of one month from the date of their collection.
Should the employe* fail to make the deposit, or should he retain any por
tion of the said fines, he shall pay on the amounts owed a penalty interest
of 1y2 per cent monthly.
III. G eneral P rovisions
as to
F ines
A rt. 170. The public is granted the right to report violations of the law and
its regulations. Such right expires one year from the date of the violation.
A rt. 171. Fines may be decreed against the contractor, director, manager,
or head of the industry, work, or establishment where the work is being
performed; but the individual, company, society, or institution owning the
work, industry, or establishment shall be jointly liable with them.
C hapter 8.— Administration Inspection
A rt. 172. The General Labor Office shall have charge, under the superior
direction of the Government, of the inspection and administrative supervision
necessary to insure correct application and strict observance of the law and
this regulation.
Art. 173. In compliance with the provisions of the preceding article, the
General Labor Office shall have the following duties:
(a)
To prepare and submit for the approval of the Ministry of Hygiene pro
posals for regulations, decrees, instructions, and other administrative provisions
complementary to these regulations or which it may be necessary to issue
hereafter.
(&)
To inform the Ministry of Hygiene concerning all matters relative to
the application of the law, and especially regarding the organization and oper
ation of industrial-accident insurance companies and pension companies.
(c) To organize and direct the permanent inspection and supervision of
industrial-accident insurance companies and pension companies.
(d) To collect accident and accident-insurance statistics.
(e) To see that the law is strictly observed in industries or works which
are carried on or performed for the State, whether by contract or by adminis
tration.
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(f)
T o advise workers gratuitously on questions submitted by them regard
ing their right to legal compensation.
Likewise, the office shall answer all inquiries concerning these matters made
by public officials who are called upon to intervene in the application o f the law.
L ast C hapter
Art. 174. In every factory, workshop, or enterprise subject to this law, the
complete text of the law shall be posted in conspicuous places accessible to all
the workers and employees.
Art. 175. Every employer employing more than five w orkers is required to
keep a record o f “ W orkers and wages,” which shall contain : 1. Full name,
age, civil status, and residence o f each w orker; 2. The occupation or work
which the worker perform s; and 3. The wage, including supplementary remu
neration which the worker receives fo r his work. In case o f w ork by the job,
the amount o f the periodical settlements shall be indicated, with the data
necessary to calculate the average remuneration per w orking day earned by
the worker.
The record of “ W orkers and w ag es” shall be shown to the judges or the
officials o f the General Labor Office whenever requested.
INDUSTRIAL ACCIDENT REPORT
(Article 32 of Law No. 4055 and articles 94 to 116 of the Regulation of March 31, 1925)
(1) Give full name, residence, and occupation of the person making the report.
If he is the representative of the employer or of the injured worker, indicate
(if the former) the position he holds in the business, or (if the latter) his right to
represent the injured party (relative, attorney, etc.).
(2) Give the exact, or at least the approximate, time.
(3) Give the name and location of the business or establishment, as well as
the shop, job, or exact place in which the accident occurred.
(4) Give the full name, age, sex, occupation, and residence of the injured
employee or worker. When the accident has caused death strike out the words
“ incapacitated for work,” and vice versa.
(5) Give preferably the daily wage, and if possible the annual wages.
(6) Designate the machine, the work, or the fact which caused the accident.
(7) Give the exact nature of the injury: Fracture of one leg, internal injuries,
contusions, etc.
(8) Give the full name, occupation, and residence of every person named.
(9) State whether a medical certificate accompanies the report.
(10) State whether or not the employer has insured his employees and workers
against industrial accidents, and if he has give the firm name and address of the
company or association with which he is insured.
The undersigned ( 1 ) _____ declares to the presiding judge [el juez de letras]
______of the Department o f _______that on t h e _____day o f _______, 19__, at (2)
___ a. m., there occurred in (3 )_____ an accident which caused the “ incapacitated
for work,” death (4) o f ______ The injured worker was earning a wage o f ___
pesos per day, o r ___ pesos per year. (5) _______ The accident resulted from
the material cause and under the circumstances here described. ( 6 ) _____ _
The said worker received the following injuries: (7)_____ _ The persons who
were present at the accident or have knowledge of it, are ( 8 ) _____ _ Medical
certificate ( 9 ) ______ Industrial accident insurance ( 1 0 ) ______
Reported t h e ___ day o f _______19__, a t _____a .m .,____ p.m.
Signature of person making the report
_____________________________
The employer or his representatives must deliver this report to the presiding
judge of the department in which the accident occurred, within a period of 5
days, not excluding holidays.
If the employer or his representatives do not make the report, the injured worker
or any other person is empowered to make it, without subjection to any time
limit, and it is sufficient to give the essential information contained in this report
form.
[Forms of receipt for accident report and of two accident record books are also
given but are not reproduced here.]
TEXT OF LAWS— CHILE
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REGULATORY DECREE OF APRIL 21, 192T
Occupational diseases
Article 1. Diseases acquired in the course of any occupation are included,
under the name of occupational diseases, with industrial accidents and there
fore give to the injured party a right to claim total or partial disability.
A rt. 2. The disease must be declared to be the consequence of the kind of
work performed by the injured person, or of the conditions under which it was
performed, during the year immediately preceding the appearance of the
disease, considering, in every case, the degree of incapacity of the worker to
parform the work.
A rt. 3. Diseases contracted more than one year prior to the date on which
this regulation becomes effective do not create a right to compensation therefor.
A rt. 4. A s a general rule, compensation shall be exacted from the employer
in whose service the worker was employed during the year referred to in article
2 o f this regulation.
A rt . 5. Obligations imposed by this regulation may be met by insurance
against occupational disease taken out by the employer in an insurance com
pany insuring against industrial accidents, the same provisions governing
industrial accidents applying in this case.
A rt . 6. The employer in whose service a worker or employee is incapacitated
by a disease attributed to the conditions of the work shall make a report of
same in the manner prescribed for reporting industrial accidents.
A rt. 7. In case difficulty arises in judging whether a certain case is one o f
industrial accident, or of occupational disease, a disability caused in a sudden
violent manner shall be deemed to have been caused by an industrial accident,
and a disability caused gradually after an approximate period estimated by the
physician attending the injured person, or a physician of the General Labor
Office, shall be considered as an occupational disease.
A rt. 8. For the purposes of this regulation, only the following diseases are
compensable:
Poisons: Lead poisoning, mercury poisoning, arsenic poisoning; occupational
poisons—poisoning caused by copper, antimony, zinc, chromium, barium, man
ganese, bronze, gold, silver, and tin; poisoning by hydrocarbons and carbon
bisulphide.
Diseases caused by infectious agents (infectious parasitic diseases): Anthrax,
glanders, actinomycosis, lockjaw, ankylostomiasis; diseases caused by inhala
tion of dust, gases, and vapors; pneumoconiosis, irritant gases and vapors;
diseases caused by compressed air and their sequelae.
Occupational poisoning by poisonous gases: Poisonous gases from essential
oils and resins; poisonous vapors from tar and its derivatives; subcutaneous
cellulitis of the hands (mining) ; subcutaneous cellulitis of the knees (mining) ;
acute synovitis of the elbow (mining) ; inflammation of the synovial lining of
the wrist joint and tendon sheaths (mining) ; cataracts in glassworkers; tele
graphers’ cramps; miners’ nystagmus; occupational diseases of the bones,
muscles, and tendons; occupational neurosis; occupational skin diseases; occu
pational alcoholic and tobacco poisoning of workers in those industries.
A rt. 9. All difficulties arising in the application of this regulation and the
classification of occupational diseases, shall be decided only by the General
Labor Office or its legal representatives.
COLOMBIA
LAW NO. 57 OF NOVEMBER 15, 1915
Article 1. For the purposes of this law, by “ industrial accident ” will be
understood an unforeseen and sudden occurrence arising out of and in the
course of the work, which causes to the one performing the work for another
a temporary or permanent bodily injury or functional disturbance, not due to
any fault on the part of the worker.
By ‘‘ employer” is understood any individual or corporation, owner of the
industries, works, or enterprises in which work is done for himself or a third
person; and by “ worker,” any person who works for the employer and whose
wage does not exceed 6 n gold pesos13 per week.
Art. 2. The employer is liable for accidents occurring to his workers which
arise out of and in the course of the work they perform, unless such an accident
Is due to the fault of the worker, or to force majeure not connected with the
nature of the work in which the accident occurred, or to’ the imprudence or
negligence of the worker, or to a sudden attack of illness depriving him of his
mental faculties or his physical strength, or to violation of the rules and
regulations of the enterprise.
Art. 3. Unnecessary recklessness, intoxication, disobedience to express orders
of superiors or to the rules and regulations of the enterprise or factory, and,
in general, any act or neglect bringing about unfortunate consequences for
which the worker is to blame, are considered as faults, imprudence, or
negligence.
Art. 4. In municipal, departmental, or national work, the municipality, the
Department, or the Nation, respectively, is liable for industrial accident com
pensation, but if such work or that of private parties is done by contract, then
the contractor shall be liable for the compensation for industrial accidents.
A rt. 5. The consequences of industrial accidents are divided into’ four classes:
(a) Temporary disability, when the injury or derangement is transitory
and terminates in complete recovery.
(ft) Permanent partial disability, when the injured person suffers a perma
nent reduction of his working capacity which he did not have at the time of
the accident. In this group is included, for example, the anatomical loss of
a member or part of a member; the functional loss (through organic injury)
or the reduction of strength (functional) of a member or part of a member;
the loss of an eye; the loss of hearing, whether complete or partial; a traumatic
disease which does not bring about total inactivity, etc.
(o ) Permanent total disability, when the accident results in the coinplete
incapacity o f the worker fo r any gainful industrial work.
Iq this class are included, for example, incurable mental derangement; loss
of two members by paralysis or amputation; loss of both eyes, of both hands,
or of both feet; serious traumatic diseases of the abdominal or thoracic viscera.
(d) Death of the worker.
A r t . 6. The compensation in the above cases shall be, respectively:
(a)
The injured worker, during the time he is incapacitated for work, shall
be furnished necessary medical attention and paid two-thirds of the wages he
was earning at the time of the accident.
(ft) The injured worker shall be furnished necessary medical attention and
paid an amount equal to his full wages for a minimum of 90 days, and up to
a maximum of 140 days, according to the degree of permanent partial disability.
(c)
The injured worker shall be furnished necessary medical attention and
paid an amount equal to his full wages for one year, taking into account the
weekly wage he was earning at the time of the accident.
“ Amended by Law 32 o f 1922, art. 5, to 3 pesos per day.
“ 1 peso at p a r= 9 7 .3 3 cents.
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(d)
Compensation equal to a full year’s wages shall be paid to those heirs
only who are specified below:14
In this case compensation shall be paid when death occurs as a consequence
and natural effect o f the accident within 60 days thereof.
The heirs mentioned and the manner of distributing the compensation shall
be as follows:
I f there is a w idow only, the entire compensation is to be paid to her.
If there is a widow and legitimate children, half shall be paid to the former
and the other half to the children; but if the widow has married again before
recognition of the right to the compensation, the latter shall go entirely to the
children.
If there are legitimate children only, the entire compensation shall go to
them.
If there are neither widow nor legitimate children, the compensation shall
go to the lawful ascendants, in equal parts.
If these also are lacking, the compensation shall go to the natural children.
When all of the foregoing are lacking, the compensation shall go to the
natural parents; but if only one of them has the quality of natural mother
or natural father, the compensation shall be payable to that one.
If the employer is able to employ any one of those, who under this law,
have a right to compensation, in the same position which the deceased filled,
at the same wage which the latter was earning, for the contract period, the
employer shall be relieved from paying the compensation; but if the wage is
less, the employer shall be required to pay only the remainder to the abovementioned heirs.
The necessary funeral expenses and the court costs of the case shall always
be borne by the employer.
A rt. 7. Employers have the privilege o f insuring their liability to pay
compensation fo r industrial accidents, at their own cost, the insurance to be
in favor o f the workers and covering the risks o f such accidents, provided
such employers insure in a duly constituted company and the insurance on
behalf o f the w orker is not less than the compensation which he should receive
under this law.
A rt. 8. The first obligation o f the employer is to furnish, without delay,
medical and pharmaceutical attention to the injured worker, and for that
purpose advantage shall be taken o f the nearest aid available, but immediately
afterwards the case shall be placed in charge o f the physician or physicians
designated by the employer.
Art. 9. The medical attention which, under the provisions of this law, must
be given to workers injured in industrial accidents shall be contracted for freely
by the employer; but where graduate physicians are available in no case can
nongraduate physicians be engaged.
When the life of the injured worker is endangered by delay in obtaining a
physician to take charge of the medical or surgical attention to be given to
the injured worker and the employer is responsible for the delay, the employer
shall pay, on behalf of the injured worker and as long as he is in danger, a
fine of five pesos for each day of delay in furnishing the physician.
A r t . 10. The industries or enterprises in which compensation for industrial
accidents is to be paid under this law are the following: (1) Public lighting
enterprises; (2) Public waterworks; (8) Railroad and street railway enter
prises; (4) Distilleries and breweries; (4) Match factories; (6) Building con
struction and masonry enterprises employing more than 15 men; (7) Mines
and quarries; (8) Shipping enterprises; (9) Industrial enterprises using power
machinery; and (10) National public works.
A rt. 11. In enterprises controlled by employers, industrialists, or any other
class whose capital is less than 1,000 gold pesos, there is no obligation to pay
compensation for industrial accidents, with the exception of the medical atten
tion specified in article 8 of this law.
A r t . 12. To furnish the facts in the case and for the purposes of the claims
and interventions which may arise therefrom, the employer, within 24 hours
after the accident, shall give notice of the same to the judge having juris
diction thereof, in a written statement on ordinary paper signed by him or by
his representative, stating the hour and the place of the accident, how it was
caused, who witnessed it, the name of the injured worker, the place to which
“ Employers complying with the law on compulsory collective life insurance fo r their
employees (Law 32 o f June 17, 1922) are exempt from paying this compensation.
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he was taken, the name of the physician or physicians attending him, the wage
which the worker was earning, and the name of the insurance company, if there
is insurance.
A r t . 13. In case the worker dies, the employer shall give immediate notice of
the fact to the competent judge, including so much of the data specified in the
preceding article as is pertinent to the case, and as to whether death was
simultaneous with the accident.
A rt. 14. The document specified in the two preceding articles shall have the
character of proof in any judicial action which may arise out of the accident.
A rt. 15. The municipal judges shall try, by ordinary process of law, any
controversy between the employer and the worker which may arise under this
law, whatever may be the amount involved.
The papers in the case shall be on ordinary paper.
If the action is brought against the municipality, the Department, or the
Nation, the case shall be tried before the competent judges and according to the
general rules.
A rt. 16. Any waiver of the rights granted under this law in favor of the
worker is null. This nullity does not apply to any settlement, compromise,
or arbitration made after the accident.
A rt. 17. Actions authorized by this law must be brought within one year.
A rt. 18. It shall be the duty of the State council to submit to the next legisla
ture a bill supplementary to this law.
A rt. 19. The Government is authorized to spend not more than 500 pesos
during the first year this law is in force for the purpose of insuring in a national
insurance company workers engaged on public works of the Nation.
RESOLUTION NO. 63 OF MAY 12, 1927, OF THE MINISTRY OF PUBLIC
WORKS
Article 1. In accordance with Law No. 57 of 1915, Law No. 37 of 1921, and
Law No. 32 of 1922, the Nation becomes a self-insurer for the workers and
employees of the national railroads and telegraphs and will pay any compensa
tion which may arise for the enterprise liable therefor.
A r t . 2. In accordance with Law No. 57 of 1915, modified by article 5 of
Law 32 of 1922, the worker whose daily wage does not exceed 3 pesos per day,
and who, in one of the above-mentioned enterprises, is injured in an industrial
accident incapacitating him for work, shall be entitled to compensation on
the part of the enterprise, according to the provisions set forth below.
A rt. 3. The results o f an industrial accident are divided into four classes:
(a) Temporary disability, when the injury or disturbance is transitory and
terminates in complete recovery.
The injured party shall, during the time of his disability, be furnished the
necessary medical attention and be paid two-thirds of the wage he was earning
at the time of the accident.
(b) Permanent partial disability, when the injured party is left with a
permanent reduction of working capacity which he did not have at the time
of the accident. In this group are classified, for example, the anatomical loss
of a member or part of a member; the functional loss (through organic injury)
or reduction of functional strength of a member or of part of a member; the
loss of an eye; the loss of hearing, whether complete or partial; a traumatic
disease which does not bring about total inactivity, etc.
The injured party shall be furnished the necessary medical attention and
be paid a sum equal to his full wage for a minimum of 90 days and up to a
maximum of 140 days, according to the degree of permanent partial disability.
(c) Permanent total disability, when the disability leaves the worker per
manently incapacitated for all gainful industrial work, as, for example, incur
able mental derangement, the loss of two members by paralysis or amputation;
the loss of both eyes, of both hands or feet; serious traumatic diseases of the
abdominal or thoracic viscera.
The injured person shall be furnished the necessary medical attention and
be paid a sum equal to his regular wages for one year, taking into account
the weekly wage he was earning at the time of the accident.
(4)
Death of the worker; compensation equal to the full wage for one
year shall be paid to those heirs only who are specified below.
*n this case compensation shall be paid when death occurs as a consequence
and natural effect of the accident within 60 days after the latter.
TEXT OF LAWS— COLOMBIA
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The heirs mentioned and the manner of distributing the compensation shall
be as follows:
If there is a widow, all of the compensation shall be given to her.
If there is a widow and legitimate children, half shall be given to the
former and the other half to the children; but if the widow has married again
before recognition of the right to compensation, it shall pass entirely to the
children.
If there are legitimate children only, all the compensation shall go to them.
If there is neither widow nor legitimate children, the compensation shall go to
the lawful aseendent^and be divided equally among them.
If these are lacking also, the compensation shall go to the illegitimate
children.
When all of the foregoing are lacking, the compensation shall go to the
natural parents; but if only one of them has the quality of natural father or
mother, the compensation shall be payable to that one.
In this last class of compensation, the enterprise may be relieved of the
obligation of paying to the heirs of the injured party a sum equal to one year’s
wages, as prescribed by clause 10 [of paragraph (d) of] article 6 of Law No.
57 of 1915 and article 6 of Law No. 32 of 1922.
The funeral expenses and court costs shall be charged to the account of the
enterprise, up to a sum of 40 pesos as a maximum, according to the judgment
of the management.
Am. 4. Workers injured in industrial accidents shall be given attention by
the medical department of the enterprise, either in its hospitals or in its head
quarters. To be given attention they must present to the physician a certificate
from the division chief, giving the date of the accident, the cause, and other
particulars essential for successful treatment. (See Law No. 57 of 1915,
art. 12).
Art. 5. The chief physician shall issue the certificates on industrial accidents,
[giving] the date of their occurrence, and their classification in accordance
with article 2 of this resolution, and shall give notice to the cashier’s office
of the enterprise when such disability ceases, for the purpose of enabling the
worker to return to work and of suspending the compensation.
A rt. 6. The enterprise shall pay to its employees and workers, in case of
sickness, 50 per cent of the salary or wages up to one month, if it is temporary,
and up to six months when there is a chronic disease contracted or aggravated
in the service of the enterprise, which disables the employee or worker from
continuing his work. To be granted this allowance it is indispensable that
the interested party prove with the certificate of the chief physician the in
capacity for service, and with that of his immediate superiors that he has been
in the service of the enterprise for a continuous year and has observed good
conduct.
A rt. 7. The enterprise shall not admit the employees or workers named below
if they do not present a satisfactory certificate from the chief physician.
A r t . 8. For the purposes of this resolution “ industrial accident ” is construed
to mean every unforeseen or sudden happening occurring to the worker causing
any temporary or permanent bodily injury or functional disturbance which
incapacitates him for work, provided such injury arises out of or in the course
of the work and provided it is not a fortuitous event or force majeure not con
nected with the nature of the work in which the accident happened, or through
imprudence or negligence of the worker, or through sudden attack of sickness
which deprives him of the use of his mental faculties or of his physical strength,
or through violation of the rules and regulations of the enterprise.
Imprudence or negligence, the abuse and use of alcoholic beverages in work
ing hours, recklessness, disobedience to superior orders or to the rules and regu
lations of the enterprise, and in general every act or omission on the part of
the worker producing unfortunate consequences or in which he is blameworthy,
are considered as faults.
A rt . 9. For the purposes of fixing compensation for industrial accidents, in
accordance with the resolution of February 25, 1925, of the Ministry of Indus
tries, individuals working on the national railroads and telegraphs on contract
are employees of such enterprises, provided they earn a wage or allowance
payable by the latter. The amount of compensation in this case shall be de
termined by estimating the average which would be earned by the workers under
conditions similar to those of the contractor and in accordance with the work
being done by the worker at the time of the accident.
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Art. 10. Employees and workers earning a wage or salary exceeding 2,400
pesos annually shall not have a right to the benefit of the collective insurance
provided fof by article 1 of Law No. 37 of 1921.
A rt. 11. The enterprise shall issue to each one of its employees or workers a
certificate stating the following: Number and date of this resolution, name of
the employee or worker, amount of his annual wage or salary, the record of
having been insured and the obligation incurred by the enterprise of paying
the insurance, in the terms and conditions specified in Law No. 37 of 1921 and
Law No. 32 of 1922.
A rt. 12. The certificate referred to in the preceding article shall serve only
temporarily for the beneficiaries o f the insurance when it refers to an employee
o f worker who dies in the course o f the month in which his name must appear
on the pay roll.
RESOLUTION NO. 80 OF JUNE 20, 1927, OF THE MINISTRY OF
PUBLIC WORKS
The provisions contained in resolution No. 63 of May 12, 1927, which regu
lates the payment of compensation for industrial accidents and collective in
surance for the national railroad and telegraph systems, are hereby extended to
include all the other national works which are conducted for the Ministry of
Public Works.
COSTA RICA
LAW NO. 53 OF JANUARY 31, 1925, AS AMENDED BY LAWS NO. 92 OF
AUGUST 24, 1926, AND NO. 12 OF SEPTEMBER 13, 1927
Chapter 1.—Preliminary provisions
Article 1 (as amended September 13, 1927). For the purposes of this law,
by “accident” is understood every bodily injury suffered by a worker arising
out of or in the course of the work he does for another person, and any disease
contracted as a direct, immediate, and unmistakable result of the said work.
By “ employer ” is meant every individual or corporation which uses the labor
of workers, regardless of their number, in the operation of an enterprise,
development, or industry. By “ worker ” is meant every person who does
manual labor outside of his home for an employer.
The following shall also be considered workers: (a) Students, apprentices,
and other similar persons who do not receive a wage because of their lack of
skill; (&) Persons under 21 years of age; (c) Persons who receive gratuities
in cash or other form from a third person for work done in the service of an
employer.
For the purposes of this law, persons who work in their own homes for
third persons with the casual assistance of one or more companions shall not
be considered workers.
For the purposes of this law, an individual who employs a worker for not
more than three days, without intent to profit, shall not, in any case, be con
sidered an employer.
A rt. 2 (as amended August 24, 1926). When a governmental body, whether
it is called the State, a municipality, or a board, employs workers, such govern
mental body shall be considered an employer as regards the work in question,
and shall be bound by the provisions of this law. If the work is carried out
under a contract or concession obtained through competitive bidding the con
cessionaire or contractor shall be considered the employer, but in every case
the owner of said works shall have a subsidiary liability.
Art. 3. In accordance with the provisions of this law, the term “ wages*
designates all sums a worker receives from his employer as remuneration for
his work or during an interruption of the work. In determining wages there
shall be taken into account the sums received from a third person, when these
sums affect the fixing of the wage. If the wage does not consist entirely or
partially of cash, but includes the use of quarters, food, and special gifts,
the amount of the wage shall be calculated in accordance with their usual value
in the locality.
Art. 4. The wages of workers who perform manual work and at the same
time render services of another kind to their employer shall, in the application
of this law, be considered as proceeding solely from the manual labor during
the time such work is done.
Art. 5. The wages of a worker shall be determined in the following manner:
The daily wage is that which the worker is receiving in the enterprise on
the day of the accident
The annual wage is the actual remuneration, either in cash or any other
form, received by the worker from his employer during the last year of his
employment in the establishment. If the worker has not been employed in
the establshment for a year prior to the accident, the wage shall be determined
by taking as the base the annual remuneration received by workers doing similar
work in the same establishment and in others near by or in the neighborhood.
When such calculation is impossible, the average wage received by the worker
during his employment in the establishment shall be multiplied by 300. For
the purposes of this law, the wages of apprentices, students, or workers under
20 years of age, who receive no remuneration or less than that of other ordinary
workers, shall be determined by taking as the base the lowest wage received
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by ordinary workers employed in the same or similar establishments in the
community and multiplying it by 300. By “ ordinary ” worker is meant one
who is fully qualified for his work but is not especially skilled.
A bt . 6. The annual wage of a worker who works by the job or at piece
rates shall be calculated by taking as the base his average daily earnings
during the preceding three months and multiplying it by 300. If it is impossible
to determine the wages by this method, the regular wage of workers of the
same class who do not show exceptional skill shall be taken as the base.
Chapter 2 .—Liability for industrial accidents
A rt . 7. The employer is liable fo r all accidents suffered by his workers
arising out o f or in the course o f the w ork in which they are engaged, unless
the accident was due to force majeure not connected w ith the nature o f the
work in which the accident occurred.
Carelessness in the occupation or that which is a consequence of habitual
performance of the work does not exempt the employer from liability. A worker
shall have no right to compensation if it is proved that the accident was caused
intentionally by him.
In cases of industrial accidents, the worker protected by this law can not make
any claims against his employer except those which said law grants him,
unless the accident can be attributed to the fault of the employer.
A rt . 8. For a worker to receive compensation because o f inability to work,
the disability must last more than seven days, including holidays, without
prejudice to the [m edical] attention accorded by this law.
A rt . 9. Independently of any action under this law, the injured worker or
his heirs retain the right to claim damages against a third person who was
responsible for the injury. By “ third person ” is meant any person other
than the employer, his managers or workers.
Compensation paid by a third person under this article shall exempt the
employer from the obligation to pay compensation to the injured worker up to
the amount of the sum received for damages and injuries. Actions against third
persons who are liable may be brought by the employer in the name and as a
representative of the injured worker or of his heirs.
A rt. 10. Any agreement contrary to the provisions of this law is null and
void. The benefits it grants can not be renounced.
The compensation to which this law refers can not be assigned nor encum
bered, nor can it be attached. It shall enjoy all the privileges and exemptions
granted by law for maintenance credit. For this reason courts of justice shall
refuse to consider any claims of this nature.
A rt. 11 (as amended August 24, 1926, and September 13, 1927). This law
applies to all employees enrolled in—
1. Enterprises or industries engaged in the construction, demolition, repair,
and maintenance o f buildings, including masonry w ork and allied trades, car
pentry, locksmithing, stonecutting, painting, and similar trades.
2. Operation of mines, quarries, and salt works, loading and unloading the
raw materials extracted, cartage and transportation by river, sea, and land.
3. Construction of harbors, canals, dikes, lighthouses, aqueducts, and sewers
diversion of streams, utilization of water power, and any similar work.
4. Construction, repair, and maintenance of railroads and street railways, and
State, Provincial, and municipal or private roads and highways.
5. Fishing and transportation enterprises, as regards the personnel of the
crew or those who load, unload, or stow the cargo.
6. Production of gas or electric power, operation of telegraph and telephone
lines, and placing, repair, and removal of electric cables or lightning conductors.
7. Production, operation, or application to industrial uses or other purposes,
of explosives, inflammable, unhealthful, or toxic substances; the work of clean
ing streets, cesspools, and sewers.
8. Manufacture and operation of any devices or patents obtained under the
laws on the subject, in which machinery, motors, or appliances driven by
mechanical or other power are used.
9. Wholesale warehouses and depots for coal, firewood, lumber, building mate
rials, and inflammable and dangerous materials or objects; and the use of said
material or objects in any way.
10. Management of theaters and public performance, as regards their wageearning personnel.
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11. industries or worts similar to those previously enumerated and, in
general, all enterprises or works, including agriculture, cattle raising, horticul
ture, and forestry, as regards the personnel performing work similar to that
previously specified, or exposed to danger from machinery, motors, or instru
ments driven by power other than man-power, used by said enterprises or
work.
12. The personnel of police and fire departments, who for the purposes of this
law shall be considered workers, even though not so in fact.
A r t . 12. If, during the first year this law is in force, the Executive Authority
believes the State Insurance Bank can take over the accident insurance of
agricultural workers for a premium of 1 colon18 per month for each worker, to
be paid by the employer, he shall issue a regulatory decree stating the general
rules for applying this law to rural workers engaged in the following
occupations:
(а) One coffee, banana, sugar-cane, rice, rubber, and all other plantations
which, due to their importance, permanently employ more than six workers for
the entire period of cultivation, whether or not machinery is used.
(б) In the gathering, preparation, transportation, and sale of the abovementioned agricultural products.
(c)
In supplementary or auxiliary agricultural operations such as opening
ditches, drains, the drainage of swamps, etc.
(&) In forestry or sawmill operations, regardless of the number of workers
employed.
(e)
On cattle ranches, such labor as farm hands and laborers on ranches
which regularly employ more than six workers.
However, the following are excluded from the benefits of this law :
(a) Members of the family of any of the persons directing or carrying on the
work, or who assist them, provided they live under the same roof and are
supported by the said persons, without receiving any remuneration as workers.
(&) Persons, not members of the family, who occasionally render neighborly
assistance in the work.
(o) Owners, tenants, etc., who may give any help in moving their own
machinery or tools, even though they receive pay for so doing.
The Executive Authority may at any time, in accordance with the development
of the agricultural industry and the necessities which may arise in the industry,
extend the enumeration to other branches relating thereto to come within the
scope of this law.
C o m p e n s a t io n
A r t . 13 (as amended August 24, 1926, and September 13, 1927). The com
pensation to which injured workers are entitled under the provisions of this
law is the following:
(а) In case of temporary disability, the worker is entitled to receive from
the day of the accident until the day he is able to return to work a daily
allowance equal to one-half of his wages, it being understood that the allowance
shall be paid by the employer on the same days that wages are paid and that
there shall be no deductions for holidays.
If after a year the disability has not terminated, the compensation shall be
governed by the provisions as to permanent disability.
(б) In cases of permanent partial disability, the worker is entitled to a
pension equal to one-half of the reduction in working capacity suffered by the
worker, based on his yearly wage, and in accordance with the schedule of
valuations which shall be submitted by the National Insurance Bank to the
Executive Authority for his approval.
(c)
In case of permanent total disability for all work, a pension equal to
two-thirds of his yearly wage.
Persons covered by this law whose daily wage is more than 10 colons may
not invoke its provisions to obtain benefits in proportion to a higher wage than
that sum, which for legal purposes is fixed as the maximum.
Art. 14. When the permanent partial disability causes less than a 10 per
cent reduction in working capacity no pension shall be paid.
A r t . 15 (as amended August 24, 1926). Compensation for temporary dis
ability shall cease when a complete cure is effected or when the wound has
healed. In the latter case, if there is permanent disability the amount of the
pension shall be fixed without delay.
* Conversion ratio fixed by law, 4 colons (nongold) = $ 1 .
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Abt. 16. Compensation shall be increased 50 per cent when the accident
occurs in an establishment or enterprise where the machinery and appliances
do not have the safety devices expressly required by the laws and regulations
relating to the particular industry or enterprise, or, if there are no legal provi
sions, the devices ordinarily used to prevent injuries.
A b t . 17. Whenever there is an accident, the employer is required to give the
injured worker, free of charge, medical and pharmaceutical attention until the
worker is able to return to work, or is declared by a physician’s certificate to be
permanently disabled, or dies.
Art. 18 (as amended September 13, 1927). When an accident causes the
death of the worker, the persons hereinafter enumerated shall be entitled to
pension in accordance with the following conditions:
1. A pension of 20 per cent of the annual wages of the deceased worker to the
surviving spouse who lived under the roof of the deceased worker, or who was
divorced or legally separated from him for causes for which the deceased was
responsible, provided the marriage took place before the date of the accident.
When the pension would be payable to the husband, he shall be entitled to it
only if he can prove that he is unable to work.
2. Persons 16 years of age and under, who were supported by the worker,
shall be entitled to a pension, to be determined in accordance with the provisions
hereinafter given, regardless of the legal bond between them, provided it is
duly proven. This proof shall not be necessary if the minors are legitimate
children of the deceased worker, or illegitimate children recognized before the
accident.
It is presumed that the minors were supported by the worker if they are
descendants or collateral relatives to the third degree of the deceased worker
and lived in his home. The pension if the minors have a surviving parent
shall be 15 per cent of the annual wages if there is only one minor, 25 per
cent if there are two minors, 35 per cent if there are three, and 40 per cent if
there are four or more. If the minors have no surviving parents, the pension
may be increased to 20 per cent of the annual wages for each one.
Art. 19. The surviving spouse shall lose all rights to a pension if she remar
ries. She shall also lose the pension if she leads an immoral life.
Art. 20. The pension granted under article 18 to the persons mentioned
therein shall in no case exceed two-thirds of the annual wages. If the sum
total of the pensions exceeds two-thirds of the said wages, each one shall be
proportionally reduced so that altogether they shall not exceed the amount
fixed as the full pension.
Art. 21 (as amended September 13, 1927). In case the injured worker has
none of the beneficiaries specified in article 18, the ascendants who were sup
ported by him shall have the right to an immediate pension equal to 10 per
cent of the annual wages fo» each one of them, but the sum total of the pensions
shall not exceed 30 per cent of the annual wages. If it does exceed such per
centage, reduction shall be made in accordance with the provisions of the
preceding article.
A rt. 22 (as amended September 13, 1927). The maximum compensation
payable in cases of permanent partial disability shall be 5 times the yearly
wages of the worker, and in cases of permanent total disability or death 10
times said wages. If the degree of disability changes, the time which may
have elapsed under the disability as fixed previously shall be deducted from
the time corresponding to the disability as fixed subsequently.
Pensions for industrial injuries shall be paid monthly from the date of the
accident.
Art. 23. The employer shall also pay the medical and funeral expenses of
the deceased worker. The funeral expenses shall in no case exceed 100 colons.
The benefits of medical and pharmaceutical attention include the accessories
necessary to insure the success of the treatment or to lessen the consequences
of the injuries.
Art. 24. When it is proved that the accident was due to the inexcusable
fault of the employer or of his agents in charge of the work, the compensation
may be increased, but the total pension including the increase may not exceed
one year’s wages.
A r t . 25 (as amended September 13, 1927). The Superior Court of Arbitra
tion, at the request of the interested parties, may commute the compensation
or pension fixed under this law to a lump sum payable to the injured worker
or his heirs, which shall not be less than the present value of such compensa
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tion or pension, in accordance with the scale adopted by the National Insur
ance Bank. Such commutation shall be permitted only in justifiable cases in
which the court is satisfied that it will serve the interests of the worker or
his heirs better.
Art. 26. Compensation in cases of death does not exclude that to which the
injured worker was entitled between the time of the accident and his death,
if death occurs as a result of the accident
Art. 27. Compensation for occupational diseases shall be fixed in accordance
with the provisions of the preceding articles, in view of the medical certificate
which determines the nature of the disability caused by the disease.
Art. 28. When the accident which caused the death of the worker or his
temporary incapacity for work is due to intoxication on the part of the worker,
neither he nor his heirs shall be entitled to collect any compensation.
A rt. 29. Actions for compensation for industrial accidents must be brought
within a year from the date on which the accident occurred. After this time
they shall not be admissible, but in such cases the injured wrorker or his heirs
are entitled to claim compensation for damages under the general laws.
C hapter 3.—Procedure in case of accident
Art, 30. Any accident resulting in incapacity for the work must be reported
by the employer to the local civil authority within the following 24 hours.
A rt. 31. The notice shall contain the name and residence of the employer,
the place where the establishment is located, the time when the accident oc
curred, its nature, the circumstances under which it occurred, the character
of the injuries, the name, age, status, and address of the worker and of the
witnesses who saw it.
Art. 32 (as amended September 13, 1927). When the employer or immediate
superior of the worker is not aware that an accident resulting in injury to one
of his workers has occurred, the said worker or his representatives shall give
immediate notice to the employer, but the failure to give immediate notice does
not exempt the employer from liability for payment of compensation fo r the
injury, except in so far as relates to any injury caused by the delay in giving
medical and pharmaceutical attention after the accident occurred.
Art. 33 (as amended September 13, 1927). If the worker has not resumed
his work after 15 days, the employer must present to the local civil authority
to which the accident was reported a medical certificate, stating the condition
of the injured worker, the probable consequences of the accident, and the prob
able time when it will be possible to know the permanent result. The em
ployer is required to prove the amount of compensation he is paying or has
paid the worker.
Art. 34. Immediately after receiving the report, the civil authority shall
begin a summary inquiry, taking the statement of the injured worker if his
condition permits, that of the employer, and that of the witnesses. He shall
make any personal inspections necessary, and shall obtain by solicitation the
technical information and medical examinations which may be necessary.
Art. 35. In case of death, and upon request of an interested party, he shall
order an autopsy to be made within 48 hours.
The authority shall cause the following particulars to be ascertained: (a)
The cause, nature, and circumstances of the accident; (6) the persons injured
by the accident, where they are to be found, and the place and date of their
birth; (o) the nature of the injuries; (d) the persons who in case of the work
man’s death shall be considered as entitled to compensation, as well as the
date and place of their birth, requesting by telegraph certificates thereof from
the Bureau of Vital Statistics, which shall send the same free of charge; (e)
the daily and annual wages of the injured persons; (f) when considering ap
prentices and working minors, it shall also try to procure evidence of the
wages received by ordinary workers employed in the same establishment or
in similar ones in the locality.
A rt . 36 (as amended September 13, 1927). The summary inquiry shall be
conducted, if possible, with the knowledge of the interested parties, who may
request any action to be taken which they consider necessary.
When the amount of the pension for permanent disability is determined in
accordance with the provisions of article 15 [13] of this law, or in case of death,
the employer and the worker or the worker’s heirs or legal representatives shall
appear before the official whom the Executive Authority shall name in the
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regulations of this law, in order to draw up an agreement respecting the rights
and obligations arising from the same. The official shall draw up the necessary
instrument if there is an agreement, and if not, .a statement which shall specify
the reasons given by the parties for not entering into an agreement.
A bt . 37 (as amended September 13, 1927). Litigation and disputes arising
between the employer or the Insurance Bank and the injured workers or their
heirs shall be brought before the Superior Court of Arbitration, located perma
nently in the capital of the Republic, to which the civil authorities shall forward
the [report of the] summary inquiry within eight days following the accident,
accompanying it with a report concerning the employer’s compliance or noncompliance with the obligations imposed upon him by this law. The said court
shall be composed of three members appointed by the Executive Authority, and
must include one employer, one worker, and a representative of the Insurance
Bank. Members of the court must be citizens of Costa Rica, be over 24 years
of age, be able to read and write, and be of proven integrity.
Appointment to membership on said court shall be for four years, and the
persons appointed may be excused from serving only on the ground of proved
illness, or because they are more than 60 years of age, or because they fail to
meet the required legal conditions. They shall receive the monthly salary fixed
by the Executive Authority or an allowance for each session, as such authority
may designate. The court shall have jurisdiction in all matters covered by
this law, and its awards may be appealed to the Executive Authority. This
does not restrict the right of the parties to take their case to the ordinary
courts.
A bt. 38. The court, upon receipt of the [report of the] summary inquiry from
the authority and a report which shows that the employer has not complied
with his obligations under this law, shall call the parties or their legal repre
sentatives together in order that they may, if possible, reach an agreement
respecting the liabilities arising out of the investigation, and may present evi
dence as to the alleged facts, conditions, and circumstances. When the case
submitted to arbitration occurred at a place distant from the location of the
court, it may commission the local civil authority to take the depositions of the
interested parties and to endeavor to obtain an agreement between the parties
which will settle the difficulties.
A bt. 39. In case an agreement is not reached, the disputed points which have
arisen shall be referred to the proper court, to be dealt with by summary
proceedings.
A bt. 40. On announcing its award, in case it is favorable to the injured
worker the court shall fix an adequate sum, within the limits of the compensa
tion which can be allowed, which shall be paid immediately.
A bt . 41. If the injured worker does not receive prompt and efficient medical
attention from his employer or is not satisfied with the treatment, he shall have
the right to choose the physician he prefers, but in such a case the employer is
not required to pay the expense thereof unless it be in accordance with the scale
of medical fees fixed by Executive Authority in the regulations of this law.
The difference in the fees, if any, shall be paid by the [other] party.
A bt . 42 (as amended September 13, 1927). Pending the award as to the lia
bility for payment of compensation, the court may, at its discretion, order that
the injured worker or his family be given a maintenance allowance according
to circumstances, and without prejudice to the repayment thereof if the party
of whom compensation is demanded obtain an award in his favor.
The maintenance allowance referred to in this article shall be granted in
the manner established by Law No. 10 of June 6, 1916.
C hapteb 4.— Revision.
A bt . 43. The award establishing the nature of the accident and the amount
of the compensation may be revised in case death occurs as a result of the
accident, after the fixing of the compensation, just as in cases where the disa
bility of the injured worker changes to one of lesser or greater degree. When
revision is sought by the heirs, it shall be for the purpose of substituting the
obligations imposed on the employer by article 18 for those provided by
article 13; when sought by the worker it shall be for the purpose of increasing
the compensation; and when sought by the employer it shall be to obtain a
reduction of or exemption from the charges imposed by the first award, or by
the agreement made before the court
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A rt . 44. This action fo r revision must be brought before the same court and
the same procedure be adopted as for the first hearing. Revision may be sought
when some change in the physical condition of the injured worker occurs as a
result of the accident.
A rt. 45. For this purpose, during the course of medical treatment, the em
ployer may request the court to name a physician to visit the injured worker
in the presence of the attending physician. If the injured worker objects
thereto, the payment of his compensation shall be suspended by an order of
such court, notice thereof being given the interested party.
Art. 46. If the physician named by the court certifies that the injured
worker is in condition to return to work, and the latter and the attending physi
cian do not agree, the employer may ask the court to appoint a second physician
as arbitrator, whose decision, which must be made within five days, shall be
final.
A rt . 47. The injured worker is required to submit, at the order of the court,
to examination and interrogation by the doctor or doctors named by the court
and likewise to submit to the directions which the physician or physicians deem
necessary for proper treatment or cure.
The employer may at any time request such appearance at his own expense.
A rt . 48. If the worker who is receiving compensation refuses, without a just
cause, to obey the order of the court to submit to the directions and treatment
of the physician or physicians hereto aforementioned, he shall lose his right to
compensation.
A rt. 49. If the beneficiary and the attending physician object to the treat
ment that the physician or physicians appointed by the court believe necessary,
they may furnish the court with the name of another physician, whose services
shall be paid for by the worker.
A rt. 50. If a majority of the physicians declare the objections of the injured
worker to be unfounded and the latter still objects or persistently refuses to
follow the treatments to which he objects, the compensation and all medical
treatment shall stop.
A rt. 51. The injured worker, and the persons who accompany him when his
condition makes this necessary, are entitled to be reimbursed for their trans
portation expenses and the loss of time incurred in obeying the order of the
court under any of the above provisions.
The injured worker shall not be compensated for time lost if he is receiving
a pension for total disability.
Chapter 5.—Insurance
Art . 52. Employers shall discharge their compensation liability by insuring
at their own expense, in the National Bank of Insurance, the workers and
laborers covered by this law against the accidents and risks above expressed,
but always on the condition that the amount the injured worker receives may
not exceed the compensation due him.
An employer shall not in any case nor In any manner deduct, either directly
or indirectly, a part of the worker’s wages to pay for such insurance.
In such a case the worker alone shall have the right to bring a claim against
the Insurance Bank.
A rt. 53. The National Insurance Bank, in the risks which it assumes, shall
be substituted for the employer in all the rights and obligations arising under
this law, and may at the same time assume the liability in case of failure to
comply with the laws and regulations on prevention of industrial accidents.
A rt. 54. The employer who does not comply with the obligation imposed by
article 52 shall be required, within 10 days after the agreement of the parties
before the court or after the award, to deposit in the bank designated by the
Executive Authority the capital representing the value of the pension or pen
sions due. The deposit of this sum may be demanded by the State or by the
interested party in attachment proceedings.
A rt. 55. The employer who, in accordance with this law, has insured his
workers against industrial accidents shall be exempt from [complying with] the
formalities of procedure prescribed for accident cases, provided he gives the
insuring company notice of the accident within 48 hours.
A rt. 56. In matters concerning the State, Congress shall include in the
budget each year the necessary sums to defray the cost of the compensation or
of the insurance of its workers.
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l e g is l a t io n
A bt. 57. The insurance company and the officials designated by the Executive
Authority shall have free access to all working places so as to secure com
pliance with the provisions for accident prevention.
C hapteb 6 .—Penalties
A bt. 58. Any employer who withholds part of the wages of his workers for
payment of the insurance premiums, or who attempts to evade the provisions
of the law, commits a misdemeanor which shall be tried in the common courts
and which shall be penalized by a fine of from 100 to 1,000 colons.
A rt. 59. When a worker has been convicted in a court of having simulated
an accident or of having deliberately caused it, he shall be judged guilty of an
attempt to obtain money by false pretenses, without prejudice to any other
civil and penal liabilities which he may incur.
A bt. 60. A fine of from 100 to 500 colons shall be paid by an employer who,
having knowledge thereof, fails to report to the authorities an accident suffered
by one of his workers who is protected by this law. In case of repetition the
fine shall be doubled.
A bt. 61. The employer who conceals or falsifies the wages of his workers
shall be punished by a fine of from 100 to 500 colons, in accordance with the
provisions of the Penal Code.
A bt . 62. The proceeds of the fines imposed under this law after the costs
incurred in enforcing such law have been paid, shall go to increase the
resources of the National Insurance Bank.
If any of the penalties to which the preceding articles refer should be
imposed on a company or association, its directors, administrators, or legal
representatives shall be personally responsible for the payment of such fines.
C h apter
7.—General provisions
A bt. 63. The summary inquiry as well as all judicial proceedings initiated
for compliance with this law, shall be entirely without cost to the worker.
Abt. 64. Pending the designation of officials especially charged to advise
the workers with a view to claiming their rights granted them by this law,
the State’s attorneys shall act as counsel for the workers.
A bt. 65. Pueblo, or poor relief, or public-health physicians must furnish with
out delay reports or information which the civil or judicial authorities may
request on medico-legal questions relating to this law.
A rt . 66 (as amended September 13, 1927). An injured worker protected by
insurance must, in case of injury, accept the attention which this institution
furnishes or provides, in each case, unless he is able to procure it for himself
at his own expense, in which case the Insurance Bank retains the right to
supervise the treatment of the injuries.
Abt. 67. If the accidents were caused willfully or by imprudence or careless
ness constituting a misdemeanor under the criminal laws, such cases shall
be tried by the Judges or courts having jurisdiction, and in their decisions they
shall fix the compensation due.
A bt. 68. If the judges or courts grant a stay o f proceedings or acquit the
accused, the right o f the person concerned to claim compensation under the
provisions of this law shall be recognized and the period allowed fo r bringing
the action shall begin on the day follow ing notice o f the legal decision in
question.
A bt. 69. Enterprises or industries under foreign ownership shall be required
to have a legal repesentative in the country, with sufficient authority to act
in any matter concerning compensation they are required to pay to their
workers, and to discharge these obligations if necessary. The power of attorney
of the representative in these matters should be recorded in the mercantile
register.
A bt. 70 (as amended September 13, 1927). An employer is required to post
in a conspicuous place in his shop, industry, or work place, notices received
from the Superior Court of Arbitration concerning the application of the law
or the rights and obligations of the employer.
Violations of this article shall be punished by a fine of from 100 to 500 colons.
A bt. 71 (as amended September 13, 1927). The fines fixed by this law will be
collected by the police authorities in accordance with article 693 of the Code
of Penal Procedure.
TEXT OF LAWS— COSTA RICA
101
Transitory provision
This law shall go into effect 60 days after the National Insurance Bank gives
notice to the public in the official newspaper that it is ready to assume accident
risks.®
REGULATORY DECREE NO. 2 OF JANUARY 17, 1927 (AS AMENDED BY
NO. 26 OF SEPTEMBER 17, 1927, AND NO. 44 OF NOVEMBER 14, 1927)
Industries or occupations covered T>y law
Article 1. In accordance with the specification in artieie 11 of the law, workers
in the following occupations shall be understood to be included therein:
WORKS
Acqueducts.
Road making.
Water works.
Sewers
Shipbuilding.
Calcining.
Streets.
Roads.
Canals.
Conduits.
Highways.
Fencing.
Chimneys.
Construction work.
Wrecking.
Diversion of streams.
Dikes.
Electricity.
Building.
Wireless stations.
Lighthouses.
Motive power.
Hydraulics.
Telegraph lines.
Telephone lines.
Docks.
Paving.
Wells.
Bridges.
Repair and reconstruction.
Railroads and street railways.
Utilization of water power.
MINES
Gold placer.
Coal.
Alluvial iron.
Metalliferoua
Precious stones.
Semiprecious stones.
Petroleum.
QUARRIES
Clay.
Sand.
Granite.
Marble.
Stone.
Chalk.
Gypsum.
BALT WORKS
Borates.
| Sulphur beds.
ENTERPRISES
Automobiles.
Trucks.
Public performances (shows).
Railroads.
Irrigation.
Light and motive power.
Moving vans.
Shipping.
Omnibuses.
Fishing.
Undertakers.
Public services.
Transportation.
Street cars.
° Decree No. 16 o-f May 22, 1926, provides that beginning June 1, 1926, the National
Bank o f Insurance shall assume the monopoly o f industrial accident insurance, and that
Law No. 53 above shall go into effect August 10, 1926.
102
WOBKMESr’S COMPENSATION LEGISLATION
Chemical fertilizers.
Oils.
Carbonated water.
Alcohol.
Starch.
Hempen sandals.
Sawdust
Asphalt
Sugar.
Tiles.
Varnish.
Beverages.
Purses.
Brushes, painters'.
Shoes.
Cement
Brushes.
Beer.
Chocolates.
Cigars.
Nails.
Glue.
Mattresses.
Conserves.
Creolin.
Drugs.
Candies.
Paste.
Brooms.
Mirrors.
Explosives.
Artificial flowers.
Spaghetti and noodlea
Crackers.
Flour.
Ice.
Combustibles.
Soaps.
Toys.
Bricks.
Liquors.
Mosaics.
Molasses.
Plaster ornaments.
Cement ornaments.
Paper.
Macaroni.
Perfumes.
Paints.
Chemical products.
Ready-made clothing.
Soda.
Sirups.
Tobacco.
Woven goods.
Candles.
Glass.
Vinegar.
Wine.
WORKSHOPS
Sharpeners*
Pottery.
Shipyards.
Sawmills.
Gunsmiths.
Drills.
Pumps.
Drug stores.
Street cleaning.
Loading.
Butcher shops.
Carpenter shops.
Carriage shops.
Copper shops.
Locksmiths’ shops.
Cutlers’ shops.
Mattress shops.
Glassware store.
Tannery.
Unloading.
Dredging.
Cabinet making.
Bookbinding.
Stevedores.
Work with explosives.
Pharmacies.
Hardware stores.
Garages.
Iron works.
Tin shops.
Printing.
Work with inflammable materials.
OCCUPATIONS
Work with unhealthful or toxic ma
terials.
Watchmakers’ shops.
Brick kilns.
Steam laundries.
Dairies.
Lithographing establishments.
Marble works.
Mechanics.
Mining.
Mills.
Furniture shops.
Nickel plating.
Bakeries.
Furriers.
Cleaning cesspools.
Silversmiths’ shops.
Plumbing.
Retail grocery stores.
Chemists.
Automobile repair shopa
Refineries.
Sausage shops.
Siderurgy.
Dipping.
Saddlery.
Upholstery.
Dye works.
Cooperage.
Roasters.
Shipyards.
Vulcanization.
TEXT
or
LAW S— COSTA BIOA
103
Agriculture, forestry, and cattle raising
The personnel exposed to danger from machinery, motors, or Instruments
driven by power other than man power, or from construction or other work
similar to those included above.
The listings above are merely enunciative, and under no circumstances shall
the industries or works not included therein be considered as excluded from
the administration of the law. When not specified, the case shall be compared
to that most similar.
Disabilities
Abt. 2. For the purposes of article 13, paragraph (c), it shall be understood
that permanent total disability covers:
(a) The total loss or loss of the essential parts of the two upper or lower
extremities or of one lower and one upper extremity. The hand and foot are
considered essential parts.
(&) Functional injury to the locomotive system.
(c) The loss of both eyes, understanding by this the loss of the organ or
the total loss of sight.
(d) The loss of one eye, with more than 50 per cent impairment in the sight
of the other.
(e) Incurable mental disorder.
(f) Organic or functional lesions of the brain and of the respiratory and
circulatory systems, which in their effects may be considered analogous to the
above-mentioned physical mutilations.
A bt . 3. F or permanent partial disability, in accordance with article 13,
paragraph (ft), the follow ing is established:
T
able
op
V a l u a t io n s
Loss of—
Percent
Right arm----------------------------------------------------------------------------------- 75
Left arm--------------------------------------------------------------------------------------65
Right forearm----------------------------------------------------------------------------- 70
Left forearm-------------------------------------------------------------------------------- 60
Right hand_____________________________________________________ 65
Left hand------------------------------------------------------------------------------------ 55
Thumb, index, and three fingers, right hand----------------------------------60
Thumb, index, and tfiree fingers, left hand_________________________ 50
Thumb, index, and two fingers, right hand------------------------------------ 55
Thumb, index, and two fingers, left hand-------------------------------------- 45
Thumb, index, and another finger, right hand-------------------------------- 50
Thumb, index, and another finger, left hand----------------------------------- 40
Thumb and index, right hand----------------------!----------------------------------45
Thumb and index, left hand______________________________________30
Index and three fingers, except the thumb, right hand----------------------45
Index and three fingers, except the thumb, left hand-________________ 35
Index and two fingers, except the thumb, right hand_______________ 35
Index and two fingers, except the thumb, left hand________________ 25
Index and one other finger, except the thumb, right hand----------------- 25
Index and one other finger, except the thumb, left hand_____________ 17
Three fingers, except the thumb or index, right hand----------------------30
Three fingers, except the thumb or index, left hand_______________ 20
Two fingers, except the thumb or index, right hand________________ 20
Two fingers, except the thumb or index, left hand________________ 15
Thumb, right hand, each phalange________________________________ 15
Thumb, left hand, each phalange_________________________________ 10
Index finger, right hand, for each phalange________________________ 5
Index finger, left hand, for each phalange-------------------------------------- 3%
Little finger, right hand, for each phalange----------------------------------- 3
Little finger, left hand, for each phalange-------------------------------------- 2
Other fingers of the right hand, for each phalange________________ 4
Other fingers of the left hand, for each phalange----------------------------- 3
Leg, including the hip----------------------------------------------------------------- 75
Leg above the knee----------------------------------------------------------------------- 60
Leg below the knee_______________________________________________55
Foot, including the ankle________________________________________ 50
Foot, front part only (instep)___________________________ !_______ 30
104
w o r k m e n ’ s c o m p e n s a t i o n l e g is l a t i o n
Per cent
Loss of—Continued.
12
Big toe, two phalanges------5
Big toe, one phalange-------25
All toes of one foot------------50
Total deafness------------------35
Total loss of sight, one eye.
Reduction of working capacity due to organic or functional injuries which
are not specified above shall be fixed on the basis of the medical report thereon,
after consultation with the National Insurance Bank and approval by the
Executive Authority.
A bt. 4. Permanent partial disability shall be considered total:
1. When in addition to the injury of a member, there are as a result of the
accident, injuries to other members, which, taken together, have a total valua
tion of 100 per cent reduction in working capacity.
2. When the reduction of capacity due to such combination of injuries or to
a single injury is equal to 85 per cent and the worker is over 50 years of age.
3. When the reduction of capacity due to such a combination of injuries or
to a single injury is equal to 75 per cent and the worker is over 00 years
of age.
A bt . 5. By “ temporary disability ” shall be understood that which prevents
the worker from working only while being cured.
Medical attention
Abt. 6. When an accident occurs recourse shall be had immediately to the
nearest first aid, but during the course of the illness the medical attention
shall be given by the physicians designated by the employer or by the bank
in accordance with the law. If in the place where the work is done it is not
possible to give the medical and pharmaceutical attention under suitable con
ditions, the employer shall have the worker, when his condition permits it,
moved at the employer’s expense to the nearest town, hospital, or place where
he can receive attention.
A b t . 7. If the employer or the bank for him, appoints a physician, the name
of the latter shall be communicated to the local civil authority within 24
hours, and if one is not appointed it shall be understood that the physician
who is attending the injured worker represents the employer.
A b t . 8. When the worker avails himself of the right to name a physician
which is conferred on him by article 41 of the law, he shall comply with the
requirements as to notifying the authority which is imposed upon the employer
by the preceding article. If the worker does not submit to the medical treat
ment furnished by the Insurance Bank and does not himself immediately
obtain efficient medical treatment, he shall lose all right to compensation.
A b t . 9. The physician who attends the injured worker is required to sign
the following certificates: (a) One certifying the incapacity of the worker
for the work, when the accident occurs; (&) one stating that the worker is
able to return to work, when cured; (c ) one designating the degree of disa
bility, if such disability remains after the treatment is completed; (d) the
death certificate, which states the immediate cause thereof.
A b t . 10. The public charity institutions and pueblo physicians who attend
the workers in case of industrial accidents shall give, in their report, the said
cases in detail, and for this reason must keep a record in which are stated
the name of the injured worker, of his employer, and the date and nature of
the treatment given.
A b t . 11. The services of the National Public Health Service shall be fur
nished to the National Insurance Bank free of charge.
A b t . 12. The pueblo physicians or physicians of the Public Health Service
shall be required to advise the bank, whenever it so requests, on medico-legal
questions related to this law.
A b t . 13. The pueblo and other physicians who receive pay from the State
are required, as one of their duties, to give aid in industrial accidents, observ
ing the table of medical fees.
A b t . 14. The Insurance Bank may contract with certain physicians on a
fixed-salary basis, or at so much per patient, or in any other form, but in all
cases the maximum limit of the payments shall not be more than that given
in the table.
A b t . 15. The attention which must be given the injured worker consists of
medical and surgical attention, medicines and, in general, orthopedic appa
TEXT OF LAWS— COSTA RICA
105
ratus and all therapeutic treatments or auxiliary aids to the prescribed medical
treatment, whether to assure the success of the treatment or to lessen the
consequences of the injury.
Procedure in case of accident
Abt . 16. The local civil authority must be notified by the employer within
24 hours of any accident which results in the disability of a worker.
By “ disability ” shall be understood that which deprives the worker of the
power to work.
By “ local civil authority ” shall be understood, in the capital of the Province,
the governor; in the capitals of the minor cantons, the administrative head
(jefe politico) ; and. in other districts, the police agent.
A bt. 17. When a report is made to the civil department or to the police
agency, it shall immediately make a report to the governor of the Province.
The report shall be supplemented by the local authorities with all the known
details, and shall specify all the investigations that have been or are being
undertaken by reason of the accident. These reports shall be continued until
the case is closed.
A rt . 18. In no instance shall the formalities of procedure fixed for accidents
be dispensed with, and when an employer believes that the accident was caused
by force majeure or by some cause foreign to the work, he may state it in
writing to the authority, who shall summon the injured worker or his heirs in
order that they may express their agreement or disagreement with the state
ments of the employer.
A bt . 19. The local civil authority, when it has knowledge of the occurrence
of an accident which has not been reported within the time limits fixed by the
law, shall make the summary inquiry required by article 34 of the said lav/,
without waiting for the report and shall also proceed to collect the fine pro
vided by article 60 of the said law, in accordance with article 684 et seq. of
the Code of Criminal Procedure. The fact that the employer hastens to furnish
the reports relating to the accident when demanded by the authority does
not exempt him from payment of the fine, but the authority, when fixing the
amount of the fine within the limits determined, may consider it as an extenu
ating circumstance. The fines shall be deposited in the National Insurance
Bank.
A jrt. 20. The State’s attorney of the jurisdiction where the accident occurred
is charged with the duty of giving legal advice to the worker. The local civil
authority having knowledge of the accident shall confer with this official,
requiring his presence in the judicial proceedings growing out of the summary
report made as provided by the law.
A b t . 21. The State’s attorney shall inform the injured worker or his heirs
of their rights under the law, citing the paragraphs thereof that may concern
them. In the case of persons who can not read or write, or who, because of
their ignorance, do not claim their rights, the claim shall be presented to the
local civil authority by the State’s attorney, even though the interested parties
do not request it. He shall also make the other petitions in the case. •
A bt. 22. For the purposes of the last paragraph of article 36 of the law, the
principal police agency of the place where the establishment or factory of the
employer is located is designated as the place where the interested parties are
to appear to draw up the agreement which should be made on the rights and
obligations arising out of the accident. Whenever possible, Form No. 3,
attached to this regulation, shall be used in drawing up the legal report which
must be made out in such cases. If any of the parties does not know how to
sign or can not sign, any competent person may do so at his request. When the
State’s attorney intervenes in the proceedings as representative of the worker
or his heirs and is not satisfied with the agreement made, he shall state in
writing his reasons and the articles of the law on which he bases them. When
the record is completed, the authority shall transmit it to the Superior Court
of Arbitration for its approval or disapproval, according to whether or not the
report agrees with the benefits granted by the law. The approval by the
Superior Court of Arbitration of the agreement between the parties shall
give it the same effect as an agreement made before the said court. If no
agreement is reached between the parties, the record which in this case also,
shall be transmitted to the court shall specify the reasons given by the parties
for not entering into an agreement or those which prevent it.
1 06
WORKMEN’S COMPENSATION LEGISLATION
A r t . 23. If the employer does not answer the summons of the local civil
authority and does not give a satisfactory excuse for his absence, he shall
be considered as unwilling to reach an agreement, and the procedure to be
followed is the same as in a case when he is present but no settlement is
reached, in accordance with the preceding article.
Art. 24. When the worker finds himself able to return to work, the employer*
or, the Insurance Bank, as the case may be, shall notify the local civil authority
to that effect and of the sums it has had to pay because of the accident, as
well as the life pensions which will have to be paid to the interested parties
in case of the death of the worker, or because there is permanent disability.
If the employer or the bank for any reason fails to make any payment, it
shall immediately inform the local civil authority of the said suspension and
the reason therefor.
A r t . 25. The notices which the employer, or the Insurance Bank, as the case
may be, give the local civil authority should follow, in so far as possible, the
forms attached to this regulation. The notices shall be made in duplicate
and one of the copies with the stamp “ Received” and the signature of the
authority, shall be returned to the sender.
Superior court of arHtration
A r t . 26. The court shall begin the hearing of the disputed question, the
proceedings by the local civil authority forming the record of the case. This
record shall be completed by the subsequent proceedings and all the arguments
of the interested parties.
A r t . 27 (as amended November 14, 1927). The litigants may appear before
the court and defend themselves personally by means of a competent repre
sentative with sufficient authority or one who is designated to appear before
the secretary.
A r t . 28 (as amended November 14, 1927). If the employer does not appear
when summoned by the court and does not allege justifiable cause, the attempt
at conciliation shall be considered a failure and arbitration shall be resorted
to without further delay.
A r t . 29 (as amended November 14, 1927). The arbitrators may proceed with
any investigations they deem necessary to clear up the disputed points and
make any necessary visits to the work places. They may also secure the advice
of experts versed in the matters submitted for their decision.
A r t . 30 (as amended November 14, 1927). The court shall set the day and
hour for the hearing of the case, which shall be public, and shall notify the
interested parties by simple note. At the hearing the interested parties or their
counsel may plead.
Art. 31 (as amended November 14, 1927). After due deliberation the court
shall pronounce its award, which shall be published in the Boletin Judicial,
at the same time advising the parties by means of a certified copy which shall
be sent to their known domicile by registered mail. A majority vote shall
be necessary for a decision to be valid. In the weighing of the evidence, the
court shall proceed in accordance with the dictates of its conscience.
A r t . 32. When the court commissions the authority to effect an agreement
between the parties in cases occurring at places distant from its permanent
location, the said authority shall observe the same rules for the hearing of
the facts which are fixed for the court. When it has completed the proceed
ings it shall refer the same to the court for its award.
A r t . 33. The awards rendered by the court should contain: 1. The report of
the facts submitted for its consideration; 2. The judicial proceedings held and
their influence on the disputed points; 3. The award and its relation to the
principles of law on which it is based; 4. The amount of compensation and
the paragraph of the law covering the case; 5. The total amount of capital
representing the value of the annuities due.
A r t . 34. In the absence of a special provision relating to the functioning of
the court of arbitration, said court shall apply the rules established for ordi
nary civil procedure.
Deposit of capital
Art. 35 (as amended September 17, 1927). In accordance with article 54 of
the law, the National Insurance Bank is designated for the deposit of capital
representing the value of the pension or pensions awarded for industrial acci-
107
TEXT OF LAWS— COSTA BICA
dents. The employer, on making the deposits, shall attach to it a certified
copy of the agreement between the parties or of the judicial award. Once the
deposit h‘as been made, the bank shall pay from it to the interested parties the
specified pensions on the dates fixed until notified by order of the court or the
Executive Authority of the suspension or modification of the payments. In
these notices an acknowledgment of receipt, with the date of delivery, should
be obtained from the bank.
Art. 36 (as amended September 17, 1927). The capital representing the
value of the annuity or annuities due in accordance with article 54 of the
law shall be calculated on the following bases :
In case of the worker’s death, to the spouse: (a) Annual wages (article 5
and 6 of the law) ; (&) 10 years (article 22) ; (c) The percentage established
by article 18, paragraph 1.
In case of death of the worker, to the minor children: (a) Annual wages
(articles 5 and 6) ; (6) The time the minor lacks of reaching 16 years of age,
with a maximum of 10 years (article 18, paragraph 2, and article 22) ; ( c)
The percentage established by article 18, paragraph 2, and article 20.
In case of the death of a worker leaving no other heirs, to the ascendants:
(a) Annual wages (articles 5 and 6) ; (&) 10 years (article 22) ; (c) The
percentage established by article 21.
In case of permanent total disability, to the worker: (a) Annual wages
(articles 5 and 6) ; (&) Ten years (article 22) ; (c) The percentage established
by article 13, paragraph (c) (articles 2 and 4 of the regulation).
In case of permanent partial disability, to the worker: (a) Annual wages
(articles 5 and 6) ; (&) Five years (article 22) ; (c) The percentage estab
lished by article 13, paragraph (6), of the reduction in earning capacity
(article 3 of the regulation).
Applying to the three factors (a), (6), and (c), the rule of three, there will
be obtained the amount representing the capital required.
E x a m p l e No. 1: Death of the worker, to the surviving spouse:
Colons
Colons
Yearly wages (a) 3,000 colonsX(fc) 10 years=30,000 colons
at 20 per cent ( c ) -----------------------------------------------------------------6,000
E x a m p l e N o . 2: If in addition to the wife the injured worker
had minor children 12, 10, 7, and 2 years of age, lacking 4, 6, 9,
and 14 years, respectively, of being 16 years, or being 4 years
during which the pension must be figured at 40 per cent of the
wages for 4 of the minors, 2 years at 35 per cent for 3 of them, 3
years at 25 per cent for 2 of them, and 1 year at 15 per cent for
the last one, as follows:
Annual wages (a) 3,000 colonsX (&) 4 years=12,000 colons at
40 per cent (c )------------------------------------------------------------ 4,800
Annual wages (a) 3,000 colonsX (&) 2 years=6,000 colons at
35 per cent ( c ) ________________________________________2,100
Annual wages (a) 3,000 colonsX(&) 3 years=9,000 colons at
25per cent ( c ) -------------------------------------------------------------- 2,250
Annual wages (a) 3,000 colonsX (&) 1 year=3,000 colons at
450
15 per cent ( c ) -------------------------------------- ,------------------------------ 9,600
Capital------------------------------------------------------------------------------ 15,600
No. 3: If the minors have neither mother nor father
surviving:
Annual wages (a) 3,000 colonsX (&) 4 years=12,000 colons at
66% per cent (c )----------------------------------------------------------- 8,000
Annual wages (a) 3,000 colonsX (&)• 2 years=6,000 colons at
60 per cent (c )------------------------------------------------------------ 3,600
Annual wages (a) 3,000 colonsX (&) 3 years=9,000 colons at
40 per cent ( c ) ________________________________________3,600
Annual wages (a) 3,000 colonsX (6) 1 year=3,000 colons at
20 per cent ( c )________________________________________
600
E xam ple
Capital______ ___ _____ ______ __ _________________________ 15,800
13494°— 30------ 8
108
WORKMEN’S COMPENSATION LEGISLATION
Colons
Colons
Example No. 4: Total blindness of the worker as the result of an
accident :
Annual wages (a) 3,000 colonsX (6) 10 years=30,000 colons
at 66% per cent ( c )--------------------------------------------------------------- 20,000
E x a m p l e N o . 5 : Loss o f the right a rm :
Annual wages (a) 3,000 colonsX(fc) 5 years=15,000 colons
at 37% per cent ( c ) -------------------------------------------------------------- 5,625
A rt. 37 (as amended September 17, 1927). W hile the liability of the em
ployer lasts, the capital deposited must at no time be less than the sum repre
senting the value of the pensions due, and if this occurs the employer shall
be required immediately to deposit the difference showing against him.
Administration
A rt. 38. The government of each Province shall keep: (a) An accident
register in which all particulars concerning accidents shall be noted, one page
being allotted for each case; (6) an index book, with alphabetical entries, which
shall contain only the full name of the injured worker, in alphabetical order
by the first surname, and the number of the page in the aforementioned register
where the record was made.
A rt. 39. The Superior Court o f Arbitration shall furnish the statistical offices
monthly statements o f the accident reports received.
A r t . 40. The Mininstry of the Interior (Secretaria de la Cartera de Gobernacidn) shall intervene on complaint by the interested parties against the
administrative authorities for noncompliance with their obligations.
Safety devices
A r t . 41. An employer shall be required to install the safety devices published
by the National Insurance Bank in the Gazette of July 2, 1926, which said
institution s h a ll modify or extend whenever made advisable by the progress
of industry and the advance of science.
A rt. 42. Whenever an accident occurs the employer must post in his estab
lishment or plant, in a place visible to his workers and the inspectors charged
with accident prevention, a notice giving the name o f the injured worker and
the date, cause, and result o f the accident.
The notice shall remain in the said place for a period of not less than 60
days from the date of the accident.
F orm
No. 1
Bulletin A
Case N o ._
i n d u s t r ia l a c c id e n t s
Injured workers
Name and surnames_____________________________________ Age_____________
Address----------------------------------------------City or place_______________________
Sex-------------------Civil status-------------- Race__________ Nationality___________
Occupation in which accident occurred______________________________________
Usual occupation or trade.
Able to read?___________ Able to write?_________ Date of beginning work for
present employer?--------------------------- -— Wages: Per hour_____ Per day_____
Per month-------------------------Wages earned on day of the accident?___________
Free lodgings?__________________________ Free board?____________________ _
If working by the job or at piece rates, indicate in which form_______________
Employer
Name and surnames_____________________________ Nationality______________
Address________________________________ City or place_____________________
Kind of industry or enterprise_____________________________________________
Number of employees__________________ Number of workers_________________
Insured with the National Insurance Bank?________________________________
Name of immediate superior of injured worker______________________________
TEXT OF LAWS— OOSTA BIOA
109
Cause of accident
When did it occur?___ Day— _______ Month_,_______ Year_______ Hour_
Place (geographical) In what part of the establishment or workplace?Who witnessed it? (Name two)_______________
Their addressesCause (if there was contact with an instrument or other object, specify how,
and what instrument or object)____________________________________________
Nature and degree of injury
Nature of the injury.^.
Part of body affected^
Probable duration of healing_____ _
Will there be physical impairment ?Loss of an organ ?_
Which organ?_,__ ________________ In what degree will it disable the worker?
----------------(If he had to stop work, when and for how long, probMedical attention
In what manner was first aid given?,—
Where is the injured worker being treated?Attending physician.
-Besides in.
(Copy of the medical or expert’s certificate, if any)Governor of the Province:
Signature of the informant:
Date______ _____________192—___ o’clock.
Form No. 2
Bulletin B
Case No__
INDUSTRIAL ACCIDENTS
Name of employer________________
Name of injurea worker_______ ;___
Date of complete c u r e ,.--,.....—
Date on which he returned to work.
If workman died, date of death-----Compensation and payments
Colons
To the doctor,__________
For pharmaceutical supplies.
Other payments___________
For temporary disability
To the workman____ __________ days a t-------------- ------- ---colons per day (at*the rate of 50 per cent of his daily wage).
Total_________________________________________________
__________
Pensions (in case there is permanent disability)
Date on which payment of the pensions began------------------------------------ - 192..
For permanent partial disability
Colons per
month
To the workman at the rate of 50 per cent of the reduction in his
earning capacity________________________ __________ ________ __________
For permanent total disability
To the workman in the form of a monthly pension at the rate of
per cent of his wages_________________________________ _
110
WORKMEN ’ s COMPENSATION LEGISLATION
For death as result of accident
To his heirs:
Name
Relationship
Colons per month
Age
Bank in which was deposited the capital to guarantee the payment of the
pensions (art. 54 of the industrial accident law)___________________________
-------------------------------------- Date of deposit--------------------------------------------------Amount deposited_________________________________________________________
Governor of the Province:
Signature of the informant:
Date___________________ 192_____ o’clock.
Form No. 3
Record No______
Office of Chief of Police of________________________________ at_____________
o’clock on the___________________ day of____________________________ _ 192_
In accordance with article 22 of the regulations of the law on compensation
for industrial accidents, there appear before the undersigned chief of police,
the employer, Mr_____________________ and1___________________ _ and state:
1. That the said worker, being in the employ of the said employer on the
-------------- day of-------------- -------------- 192-------- at---------------o’clock, suffered
an industrial accident*------------------------------------------------------------------------------2. That according to*___________________________ o f 4____________________
which is attached to the present record, the accident caused injuries which
produced*--------------------------------------------------------------------- with a reduction of
__________________ per cent ( ----------------- % ) of the working capacity of the
worker:
3. That the annual wages of the worker are____________________ colons, ac
cording to article 5 (or 6) of the law.
4. That in accordance with article(s)6_______________ , after the___________
of----------------------------------------------19-------- 7 he (they) are entitled to compen
sation in the following form and conditions:
Beneficiary
Age
Address
Relationship
Per
cent
Per month
5. That in accordance with the above-mentioned article 22 of the regulations
they draw up this agreement in acknowledgment of the rights and obligations
of each party; and
Therefore, the said employer, Mr-------------------------------------------- , binds
himself to deposit in the National Insurance Bank, the capital representing the
value of the pensions determined above, in accordance with the provisions of
article 54 of the law, and which amounts t o ----------------------------------- colons
calculated in accordance with article 36 of the regulations.
This agreement having been read by the interested parries, it is signed and
ratified by:
(Worker.)
(E m ployer.)
(C hief o f police.)
[A table of medical fees for industrial accident cases follows, but is not
reproduced here.]
1 The worker or his heirs represented by.
* Circumstances under which the accident occurred.
•Medical or death certificate.
* O f the doctor or Bureau o f Vital Statistics o r the authority which certifies it.
•Nature and extent o f the injuries.
•The worker (article 13) heirs (article 18 or 2 1 ).
TA rticle 22 o f the law.
CUBA
LAW OF JUNE, 12, 1916
C h ap ter 1.—Compensation for industrial accidents
A b tig le 1. For the purposes of this law, by “ accident” is understood any
bodily injury which a worker sustains in the course of or arising out of work
performed for another; by “ employer ” is understood the individual or company
which is proprietor of or contractor for the work, the business enterprise, or
the industry where the work is performed; by “ worker,” any person who regu
larly or temporarily performs any work outside of his home for a fixed remu
neration.
For the purposes of this law, the following shall also be considered as
coming within the meaning of the term “ workers” : 1. Anyone who, under
the conditions described above, supervises the work of another, even though
he does not actually perform the work, provided his fixed salary does not
exceed 3 pesos1® (gold), and his term of employment is for not less than 30
days; 2. The apprentice who works without any remuneration.
Abt. 2. This law applies to workers employed in:
1. Enterprises or industries such as the construction, repair, and main
tenance of buildings, including masonry and related trades, carpentry, locksmithing, stone cutting, painting, etc.
2. Operation of mines, quarries, and salt works, loading and unloading the
raw materials extracted, cartage, and transportation by river, sea, or land.
3. Fishing, construction of harbors, canals, dikes, lighthouses, aqueducts,
sewers, diversion of streams, utilization of water power, and any work of a
similar nature.
4. Production of gas or electricity, operation of telegraph and telephone
systems, installation, repair, or removal of electric cables and lightning rods.
5. The manufacture or use for industrial purposes of explosives, inflam
mables, unhealthful or poisonous substances, and the cleaning of streets, cess
pools, and sewers.
6. The manufacture and use of any device or patent obtained under the laws
on the subject, for which machinery driven by mechanical or other power
is used.
7. The construction, repair, maintenance, and operation of railroads and
street railways, highways, and roads of the Federal Government, of a Province,
of a municipality, or of private individuals.
8. The production of agricultural and forestry products, wholesale depots of
coal, firewood, inflammable substances, and lumber.
9. The operation of theaters and other public performances, as regards the
wage-earning personnel.
10. Apprentices who, without remuneration, engage in the performance of
the work.
11. In general, the conduct of any industry or similar work not included in
the foregoing paragraphs.
The heads or representatives of the enterprises or industries specified in the
preceding paragraphs shall pay to a worker who is injured in an accident as
defined in this law compensation, th^ guaranty and form of payment of which
is regulated in this law and its regulation, provided the enterprise or indus
try at the time of the accident has in its employ more than five workers.
A bt. 3. Persons working fo r themselves shall not be considered workers
within the provisions o f this law, and therefore shall not en joy its benefits,
even i f at the time o f the accident there are one or more coworkers helping
him, provided they ordinarily work alone.
A bt. 4. The employer is liable for the injuries suffered by his employees
arising out of and in the course of the employment in which they are engaged.
“ 1 peso at par«$l.
I ll
112
w o r k m e n ’s c o m p e n s a t io n
l e g is l a t i o n
The liability of the employer is presumed with respect to every accident oc
curring in the cases provided for by this law, with no other exceptions than
those specified therein.
A rt. 5. For the purposes of this law, by “ employer” is understood an in
dividual, partnership, company, or corporation which usually employs more
than five workers. The legal representative of the employer shall also be
considered as such.
A rt . 6. By the “ annual wage of a worker ” is understood the remuneration
to which he is entitled, whether in cash or in kind, up to the maximum of
1,095 pesos, for a period of 12 months’ service in the enterprise or industry in
which he was employed before the accident. For workers who have worked
less than 12 months, the remuneration shall be that which they have received
since they entered the employ of the enterprise or industry, augmented by
one-half of that which the same worker or the workers in his class should
receive during the period required to complete the 12 months.
If the work is not continuous, the annual wages shall be based on the re
muneration received during the period of operation in the remainder of the
year. By “ actual workday ” is understood the period of work done during
the ordinary working hours of the enterprise or industry in question, and
which corresponds to a working day.
A rt . 7. The wage to be taken in granting compensation to workers under 18
years o f age or to apprentices who are injured in an accident shall not be
less than the wages o f the main body o f workers employed by the enterprise.
Art. 8. The employer shall not be liable for an accident caused by force
majeure not connected with the nature of the work in which the accident
occurs.
No compensation shall be paid under the provisions of this law for injuries
which do not result in the incapacity of the worker or employee to earn his full
wage for a period of at least two weeks, but, if the disability lasts for a longer
period than two weeks, the compensation shall be paid from the day of the
accident.
A rt. 9. A worker is not entitled to compensation if it is proved that he him
self intentionally caused the accident.
A rt . 10. The provisions of this law are binding upon the Federal Govern
ment as regards its arsenals, gun and powder factories, and the industrial
establishments which it maintains. It is also binding upon provincial councils
and municipalities of the Republic in similar cases, as well as regards public
works conducted by the administration.
A rt . 11. The compensation to which workers injured in industrial accidents
are entitled under this law is as fo llo w s :
1. When the disability is permanent total, a pension equal to two-thirds of
his annual wage.
2. When the disability is permanent partial, a pension equal to one-half of
the reduction in his annual wage resulting from the accident.
3. When the disability is only temporary, to a daily allowance equal to onehalf of his daily wage at the time of the accident for every day he is
unable to return to work, including Sundays and holidays, unless the wages
are variable, in which case the daily allowance shall be equal to one-third of
his average wage computed on his earnings for the last two months preceding
the day of the accident.
4. If the industrial accident causes death, the persons mentioned below shall
be entitled to compensation under the following conditions:
(a)
To the surviving spouse, a life pension equal to 20 per cent of the annual
wages of the deceased, provided they were living together at the time of the
accident or had been legally separated because of the fault of the deceased,
and provided the marriage took place before the accident.
(&) To the legitimate or legitimated, adopted, or illegitimate children recog
nized before the accident, whose mother survives, provided they are under 18
years of age or, even though of age, are unable to work by reason of a physical
or mental disability, if dependent on the deceased, a pension equal to 30 per
cent of the annual earnings of the deceased if he has left only one child, 40
per cent if there are three children, and 60 per cent if there are four or more.
(o)
The legitimate or legitimated, adopted, or illegitimate children recog
nized before the accident, whose mother had died before the occurrence of the
accident which caused the death of the worker, a pension which shall not
exceed 50 per cent for them all. The distribution of this pension shall be
regulated and adjusted by the provisions contained in the preceding paragraph.
TEXT OF LAWS— CUBA
113
(d) It none of the descendants mentioned in paragraphs (&) and (c) sur
vive the deceased, then the legitimate, illegitimate, or adopted ascendants, if
dependent upon the deceased, are each entitled to a pension equal to 10 per
cent of the annual wages of the deceased, but the sum total shall not exceed
30 per cent annually on the basis of the two annual wages already expressed,
which shall be divided equally among them.
(e ) If neither descendants nor ascendants of the classifications mentioned in
paragraphs (6), (c), and (d) survive, the legitimate or illegitimate brothers
and sisters, half brothers and half sisters, provided they have been supported
by the deceased and are under 18 years of age, or, if over that age, are physi
cally or mentally incapacitated to support themselves, shall receive a pension
which shall be graduated and distributed in accordance with the provisions of
paragraph (d).
(f) If there are both a surviving spouse and the descendants or collateral heirs
referred to in the preceding paragraphs, they shall be entitled to the threefifths or the one-half of the pension fixed in paragraphs (6), (c), and (d).
If the surviving spouse remarries, she shall lose all rights to the pension.
A r t . 12. The pensions or compensation to which this law refers shall cease,
as regards the children or grandchildren, when they become of age, unless
they are incapacitated; as regards the ascendants, when they die; and as
regards the brothers and sisters, when they become 18 years of age or marry.
Abt. 13. An action for compensation must be brought within one year from
the day of the accident
Art. 14. If, after one year from the day of the accident, the disability of the
worker has not ceased, the compensation shall be governed by the provisions
relating to permanent disability.
A r t . 15. Compensation for death does not exclude that due the deceased for
the period he lived following the accident.
A r t . 16. The compensation fixed by this law shall be increased 50 per cent
if the accident occurs in an establishment or work where the machinery and
appliances are not provided with safety devices as required by the provisions
of articles 2 [20] and 21 of this law.
A r t . 17. The pensions and daily allowances referred to in this law shall not
be transferred nor encumbered, nor shall they be subject to attachment; there
fore the courts shall refuse to consider any claims of this nature.
Any waiver of the benefits of this law, and in general any agreement con
trary to its provisions, shall be null and void.
A rt. 18. Alien workers injured in industrial accidents who wish to leave the
national territory shall have their compensation paid in a lump sum, con
sisting o f :
(а) In case of permanent total disability, a sum equal to three years’ wages.
(б) In case of permanent partial disability, an amount equal to the daily
wage reduction suffered in a period of three years.
( g) In case of death, the heirs of the deceased shall receive the compensa
tion fixed in paragraph (a), distributed in the manner prescribed in article 11.
(d) In case of fluctuating wages, the average daily wage shall be computed
on the wages earned during the last two months preceding the accident.
(e) If, on the worker’s choosing to receive the compensation in a lump sum,
he has received any sums as payments on a pension, the sums so received shall
be deducted from the amount of the lump sum.
Art. 19. A technical board shall be created, whose duty it shall be to study
the latest safety devices for the prevention of industrial accidents. This board
shall be composed of two engineers and an architect. The services of the
members of said board shall be gratuitous.
Art. 20. The board referred to in the preceding article shall, within a max
imum period of three months, prepare a catalogue of safety devices for the
prevention of industrial accidents, and shall forward the same to the Secretary
of Agriculture, Commerce, and Labor for its approval.
Aj&t. 21. The Executive Authority shall, in conjunction with said board, issue
the regulations and orders necessary to prevent industrial accidents, as well
as everything relating to the condition of safety which are indispensable in
each industry.
A r t . 22. The technical board referred to in article 19 shall establish a
museum in which shall be kept models of safety devices for the prevention of
industrial accidents and in which new devices shall be tested, including in
the catalogue referred to in article 20 those which experience recommends.
1 14
WORKMEN’S COMPENSATION' LEGISLATION
A rt. 23. If it is proved that the accident was due to an inexcusable fault
of the employer or of those acting for him in the management, the compensa
tion may be increased, provided the total amount of compensation, including
this increase, does not exceed one year’s wages.
A r t . 24. If an employer fails to pay the compensation for industrial accidents
when it is due, the interested party shall have, in addition to the guaranties
established by the insurance company which insured the compensation, the right
to attach the property of the enterprise or industry of the employer m whose
employ the worker was injured, in the manner established by the law of
procedure and the Commercial Code.
Ch apter
2.—Reporting of accidents and judicial intervention
Art. 25. A report of every accident causing disability shall be given within
24 hours following its occurrence by the employer or his representatives to
the municipal judge of the district. This report shall contain the names of
the injured and of the witnesses to the accident, and shall be accompanied by
a medical certificate stating the condition of the injured, the probable conse
quences of the accident, and when, in the physician’s judgment, it will be
possible to determine the ultimate outcome. Failure to comply with this
article shall subject the employer to a fine of 100 pesos.
The municipal judge of the district shall give to the notifier a receipt for
the report and the medical certificate, and shall report the accident to the
insurance company, if the worker is insured, as well as to the mayor of the
municipality in which the accident occurred.
A r t . 26. In the same manner said municipal judge shall immediately send
a copy of the report and medical certificate to the judge of the court of first
instance in whose jurisdiction the business is situated. This having been
done, the municipal judge shall officially institute summary proceedings to
investigate: (1) The causes, nature, and conditions of the accident; (2) the
persons who were injured and the place where they are to be found; (3) nature
of the injuries; (4) relatives entitled to compensation; (5) daily and yearly
wage of each injured person.
A r t . 27. The municipal judge shall go to the side of the injured worker to
take his statement. If he is incapacitated, the judge, if he does not find the
original certificate sufficient, shall name a physician to examine the worker.
A r t . 28. After the summary inquiry referred to in the preceding article is
ended, the municipal judge shall send [a report of] the same to the judge of
the court of first instance, who, on receiving it, shall call the parties or their
representatives together in order to reach an agreement on the liabilities aris
ing out of the inquiry made. If they can not come to an agreement, their
differences shall be argued before such judge within the period of time specified
therefor in the law of civil procedure. In his decision, if it is favorable to
the injured worker, the judge shall fix the sum within the compensation limit
which shall be paid, the same to take effect immediately, notwithstanding the
case may be appealed.
A rt. 29. The injured worker shall have the right to choose the physician
and the pharmacist he wishes; but in such case the employer shall not be
required to pay those expenses until after the municipal judge of the district
adjusts the medical fees and authorizes the pharmacist’s bill.
A r t . 30. The heads of the hospitals and sanatoriums within the territory of
the Republic and the employer or head of the factory may agree among them
selves as to the care and other expenses necessitated by the injured worker.
A r t . 31. During the course of medical treatment the employer may petition
the municipal judge to appoint a physician to visit the injured worker in the
presence of the attending physician. If the injured worker opposes this,
his daily allowance shall be suspended by order of the municipal judge,
who shall notify the interested party.
A rt. 32. I f the physician appointed by the judge certifies that the injured
worker is in condition to return to work, and the latter and the attending
physician do not agree on this point, the employer may request the judge to
appoint another physician to act as arbitrator who shall within a period not
exceeding five days, determine the question finally.
A r t . 33. Heads of enterprises or industries can relieve themselves of the
obligation to pay the expenses incident to the illness and the daily allowances to
those who are injured in industrial accidents, if they can prove:
TEXT OF LAWS— CUBA
115
1. That they have insured their workers in a legally established insurance
company.
2. That said insurance company guarantees to those insured medical and
pharmaceutical attention and a daily allowance in addition. The daily allow
ance paid by the company must be equal to that fixed by this law.
A r t . 34. In every accident the employer is required to pay for first aid to the
injured, medical and pharmaceutical attention, and funeral and burial expenses,
provided the last two do not exceed 30 pesos.
Chapter 3.—Insurance and guaranties for injured workers
Art. 35. All workers rendering service in the enterprises and industries
referred to in this law shall be insured at the expense of the employers, who
are directly liable for injuries suffered by the former in the course of the work
in which they are employed. The obligation to insure the workers included in
the benefits established by this law can not be evaded in any case. In enter
prises, industries, or construction in which the work is not of a continuous
nature, the insurance is limited to the period of time during which the work
is carried on. The employer shall never, for any reason nor under any circum
stances, retain, directly or indirectly, part of the wages of the workers to pay
the charges for insurance taken out in compliance with the provisions of this
law.
Art. 36. The insurance referred to in the preceding article shall be at the
expense of the head or representative of the enterprise, industry, or construction
and shall cover all accidents, including sudden death, resulting from the work.
Art. 37. If the work is being done for the Federal Government, a Province,
or a municipality under contract with the lowest bidder, the insurance shall be
paid for by the bidder who was awarded the contract.
Art. 38. These provisions shall apply to the construction of buildings even
when the number of workers is less than four, provided the work is being done
at more than five meters from the ground and scaffolds and movable or sta
tionary bridges are used therein.
Art. 39. Any person who, by reducing the wages of his workers or in any
other manner, directly or indirectly endeavors to evade the obligations under
this law or to frustrate its purposes shall be guilty of a crime, of which the
common courts shall have jurisdiction, in accordance with the provisions of
the law of criminal procedure.
Art. 40. Accident insurance companies, in order to enter into business of
this kind, shall first submit their by-laws for the approval of the Government
and be subject to the inspection and supervision of the State. They shall also
furnish security sufficient to guarantee their Operations. The regulations on
this law shall fix the other conditions to which said companies shall be subject.
Chapter 4.
Art. 41. All the persons forming the crew of a ship or who are carried on
its roll, with the exception of the captain, shall be considered as workers for
the purposes of this law, provided the ship is of Cuban registry and said crew
receive remuneration.
The shipowner or any other person or body which profits directly from the
operation of the ship shall be considered the employer. In case of accident or
death, the compensation and other rights of seamen shall be regulated by the
provisions of this law.
Art. 42. If the ship is lost or six months have elapsed without receiving any
word of it or of the members of the crew, the compensation referred to in this
law shall be payable as in case of death.
Art. 43. The captain or employer must make prompt investigation in case
of an industrial accident on board his ship, making a report of the circumstances
of the case in accordance with the provisions of article 27, [25] of this law.
If there is a physician on board the ship, he shall be requested to assist in
the investigation and in the issuance of the required certificate. In case of
an accident occurring while at sea, the 24-hour limit fixed by this law within
which to report the accident shall begin from the time of the ship’s arrival in
a national port or in a foreign port where there are consular or diplomatic
representatives of the Republic, who shall act as municipal judges in such cases.
WORKMEN'S COMPENSATION LEGISLATION
116
A b t . 44. The employers or owners of industries are required to post in their
shops a copy of this Jaw, under penalty of a fine of from 1 to 300 pesos for
failure to do so.
A rt. 45. This law shall not apply to persons in the m ilitary service o f the
Republic on land or s* a.
Art. 46. Claims? for dam ages from causes not included in the provisions of
this law shall be subject to the provisions of the civil law.
A rt. 47. If the accident is caused by fraud, imprudence,' or negligence
constituting a crime or offense under the existing penal laws, the judges or
competent courts shall exercise jurisdiction in the case and in their decisions
shall fix the amount of compensation to be paid.
A bt. 48. If the criminal judges or courts grant a stay of proceedings or
acquit the defendant, the right of the injured workman to claim compensation
under the provisions of this law remains in force and the period of prescription
shall begin on the day following notification of the action of the court.
Abt. 49. This law shall not be construed as establishing the right of insurance
for industrial accidents as regards workmen in the direct employ of the Federal
Government, the Province, and the municipality, but each of these bodies shall
be considered its own insurer.
Abt. 50. Heads or employers in industries or enterprises of a permanent
character employing in their establishments or work places workers subject
to compulsory insurance may relieve themselves from insuring their workers
by assuming all the obligations under this law referring to compensation, but
they must have the authorization of the President of the Republic.
To obtain the authorization referred to in the preceding paragraph, it shall
be necessary to prove their solvency by means of a certificate from the Secre
tary of Agriculture, Commerce and Labor, which shall be issued upon pre
sentation of satisfactory proof by the employer, enterprise, or industry that
it possesses unencumbered real property representing a value of not less than
1,000 pesos for each worker in its employ, provided there are not more than
20 workers; of 500 pesos if there are over 20 workers and under 50; and of
200 pesos if there are over 50. Said real property shall not be encumbered at
any time while said employer, enterprise, or industry is subject to this liability,
and shall be insured if liable to fire.
Enterprises or industries belonging to aliens shall, in addition, be required
to have legal representatives in the country, with sufficient power to transact
any business relating to the compensation they have to pay to their workers,
and to respond to these obligations, if necessary, before the Government and
the courts of justice; they may be sued in the courts of the Republic; their
power of attorney for this purpose shall be recorded in the proper mercantile
register.
These provisions apply to all insurance companies organized or which may be
organized in the Republic. Those now in existence shall have a period of
60 days within which to comply with provisions of this law.
A b t . 51. The rights granted by this law to workmen can not be waived.
A b t . 52. This law shall go into effect six months from the day of its promul
gation, and the Executive Authority shall, within this period, issue the necessary
regulations to facilitate its enforcement.
REGULATORY DECREE NO. 596 OF APRIL 29, 1928
C h apter
1.—General provisions
A r t i c l e 1. Within the meaning of the term “ worker,” as given in article 1
of the law of June 12, 1916, are included also the following:
(a)
Those persons who are paid by the piece, and also those, improperly
classified under the name of contractors, who work with the assistance of
another person or group of persons, whether contracting for their w’ages and
those of their coworkers or assistants, or in their own name for a fixed price or
by the job, provided the contractor does not thereby receive any special gain,
but it is merely a case of work done by agreement or for a lump sum or by a
collective labor contract.
(&) The personnel of the fire department having fixed remuneration.
( g) The clerks, salesmen, and traveling salesmen of mercantile establishments.
(d)
The personnel of the offices and branches of enterprises or industries
included under article 2 of the Law of June 12, 1916.
TEXT OP LAWS— CUBA
117
Abt. 2. Those disabilities which In the disability table accompanying these
regulations have 100 per cent reduction assigned to them shall be considered
permanent total disabilities, being the following:
(а) Complete loss or loss of the essential parts of both arms, of both legs, or
of one arm and one leg, the hand and the foot being considered as essential
parts for the purpose of this law.
(б) Functional injury to the locomotive system which may be considered as
comparable in its consequences to mutilation of the extremities under the same
conditions as indicated in section (a).
(c) Loss of both eyes, being understood as destruction of the organ or total
loss of sight.
((?) Loss of one eye, with serious impairment of vision in the other.
(e) Organic or functional injuries, directly or indirectly caused by organic
or toxic action, and which are considered incurable.
Art. 3. The disabilities marked with the letters PP in the accompanying table,
are considered permanent partial disabilities, to wit:
(a) Total loss of either arm, or essential parts thereof, by essential parts
being understood the hand, all the fingers of the hand, even if the thumb
remains, or the loss of all the middle and distal phalanges, or the total loss
of the thumb.
(&) Total loss of one leg or the essential parts thereof, by essential parts
being understood the foot and such parts of the foot as are absolutely indis
pensable for support and locomotion.
(c) Functional injuries which, causing loss of the use of either arm, either
leg, or the essential parts thereof, may be considered equivalent to the mutila
tions expressed in the preceding sections.
(d) Total deafness.
(e ) Loss of sight of one eye.
(f) Inguinal or femoral hernia caused by bodily injury in that region and
hernia due to exertion, provided, in the latter case, proof of its origin is
presented in the manner specified in article 21 of these regulations.
{g) The concurrence of two or more defects which are evaluated in the table,
where the sum of their average valuations amounts to 50 per cent.
Abt. 4. The partial disabilities included in paragraphs (a) to (f), inclusive,
of the preceding article shall be considered total in the following instances:
(a) When, in addition to the injury to one member specified as partial disa
bility, there are injuries to other members caused by the accident, provided
the sum of their average valuations amounts to 50 per cent reduction in earning
capacity.
(Z>) When the reduced earning capacity caused by the concurrent injuries
amounts to 40 per cent and the worker is over 50 years of age.
(c)
When the reduction of earning capacity caused by the concurrent
injuries amounts to 33 per cent and the worker is over 60 years of age.
Art. 5. Temporary disability shall cease when the injured worker has recov
ered, or when more than one year elapses from the time of the accident without
recovery. In this case the disability shall be considered permanent and the
compensation shall be adjusted according to the provisions relating to the kind
of disability which remains, under articles 2, 3, and 4 of these regulations.
Abt. 6. The physician attending a workman shall, upon discharging the case
as cured, issue a certificate stating the number of days during which the worker
was under treatment, and the following particulars:
(a) Whether during the time he was under treatment the worker was able
to work, with a statement of the time he was unable to do so.
(&) Whether or not he has been left with a permanent disability as a result
of the accident. If so, whether it is total or partial, in accordance with these
regulations and the disability table; if partial, the percentage of reduction of
earning capacity of the worker in accordance with the aforesaid disability
table.
A rt. 7. The employer’s obligation to provide first aid to the injured worker,
and medical attention and medicines, established by article 34 of the law, shall
be regulated in the following manner:
(a)
It shall be discharged no matter how long the worker may be absent
from work, even if it is less than two weeks.
(&) Medical attendance shall not require sending the injured worker to the
hospital unless it is necessary by reason of the character and seriousness of
the injuries.
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(c) The hospital charges shall not exceed the usual charges for the poor,
Including in said price the medical fees and other expenses, except for mate
rials used in treatment, which shall he charged for at the usual price.
(d) If the injured worker accepts care in a clinic, a sanatorium, or a
hospital, he shall also accept the physicians and pharmacists of the institution.
( e) Concerning medical attention and medicines, it shall be borne in mind
that in case the injured worker, exercising the right granted to him by article
29 of the law, chooses to designate a physician and pharmacist during the
time the treatment lasts, his wishes shall be respected, provided the doctor
and pharmacist he chooses reside in the same locality in which he resides.
In this case the employer or the insurance company, as the case may be,
shall not have to pay the expenses until the municipal judge of the district
adjusts the medical fees in accordance with the rates accompanying these
regulations, and until he approves the pharmacist’s bill.
(/*) For this purpose an intemized statement of the medical fees and the
pharmacist’s bill shall be sent to the municipal court, which shall send a copy
of both to the employer or his representative or to the insurance company
within 10 days, exclusive of Sundays and holidays; if they are correct or 10
days elapse without objection to them, the judge shall approve them, and if
they are objected to as illegal or excessive, the judge shall summon the parties
to appear in court, and after oral proceedings shall decide the case on the
allegations and evidence offered by them, by means of a judicial decree, which
may be appealed to the court of first instance having jurisdiction, where the
same procedure as that fixed by the law of civil procedure for oral hearings
shall be observed, no charges for costs being permitted in any instance. The
plaintiff must prove that the bills are in accord with the table of rates and
that the professional service was required and was rendered.
(g) When the worker, under the right granted him by article 29 of the law,
names the physician and pharmacist, the employer or the insurance company
may name another physician of its own to follow the progress of the case. The
latter, in case his opinion is contrary to that of the worker’s physician in respect
to treatment of the injury, shall have the right to present such opinion to the
court in writing; the time the workman has required or will probably require to
recover; and the degree of disability remaining, or which may result as a con
sequence of the accident.
(h) When the worker himself names the physician to attend him, said physi
cian can not abandon the treatment without previously notifying the employer
and the insurance company.
A b t . 8. The proof referred to in article 83 of the law ; that is, that they have
insured their workers in one of the legally established insurance companies, and
th*t said insurance company guarantees to their insured the protection desig
nated in that article, shall be regulated in the following manner:
(а) The employers or their representatives shall present a written statement
before the municipal court of the locality and before the court of first instance
of the district, notifying them that they have availed themselves of the right
granted to them by article 33 of the law, and giving the name of the company
in which they have insured their workmen.
(б) The court, acknowledging receipt of the aforesaid writing, shall remind
the employer of the obligation to install and maintain the safety apparatus and
devices specified in the list accompanying these regulations, and shall request
him to report if such safety devices are already installed or to advise that they
will be installed promptly.
(<c) Captains, shipowners, or consignees of ships, who are employers within
the meaning of the law, shall present the information referred to in paragraph
(a) before the municipal court of the port in which the vessel is registered and
to the proper court of first instance.
A bt. 9. In each case of accident the medical fees shall be regulated in accord
ance with the rates attached to these regulations.
A bt. 10. Superintendents of hospitals and sanatoriums in the Republic may
treat directly with insurance companies in regard to the care and other expenses
arising out of the injuries, in accordance with the provisions of article 30
of the law.
C h a p t e r 2.—Compensation
A b t . 11. The compensation to which workmen are entitled under the law, and
which must be paid by the employers or by the insurance companies or associa
tions, as the case may be, shall be paid in the same manner, place, money, and
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119
time in which the wages were paid, unless a different method is agreed upon
between the interested parties which is not in violation of the provisions of
this law.
A rt. 12. W hen the worker does not receive the remuneration in cash, but in
kind or in any other form , the wage shall be calculated in the value o f the
commodities received, based on the average price o f said commodities in the
locality.
A r t . 13. For the purpose of computing the compensation provided for by
paragraphs 1, 2, and 4 of article 11 and article 18 of the law, the annual wages
shall be regulated in accordance with article 6 of the same. The wage referred
to in paragraph 3 of article 11 of the law is the average daily wage, whether
in cash or in kind, that the workman was receiving at the time of the accident,
even though it was in excess of 3 pesos. In the case of casual workers the
average daily wage earned by other workers engaged in the same kind of work
during the two months preceding shall be ascertained.
A rt. 14. The injured w orker must notify the employer or his representative
before leaving his work, so that it may comply w ith the provisions o f the law
and these regulations.
A r t . 15. Workers shall give their addresses to the employers, and notify them
of any change of address.
A rt. 16. The prescription referred to in article 13 o f the law is interrupted
when the workman, his representative, or relatives notify the court o f the occur
rence o f the accident within one year thereof, in case the employer fails to do
so, and also when, after the ju dicial inquiry is initiated, proceedings are begun
by the workman or his representative to prove his condition o f health and the
consequences o f the injuries suffered, provided said proceedings are necessary
and are begun within one year o f the time o f the accident.
A r t . 17. In the case provided for in article 24 of the law, it shall be
understood—
(a) That in order to proceed with the attachment of the property of the
employer, when an insurance company has accepted the liability for the risk,
all the property of the insurance company must have been previously attached,
the liability of the employer being for that reason secondary in character and
applying only in case of insolvency of the insurance company.
(&) That the attachment will not be necessary when there are other claims
in whieh they have not been able to attach property of the insurance company,
a declaration to this effect by the Department of Agriculture, Commerce, and
Labor being sufficient to prove the fact; the department shall make this decla
ration whenever it has knowledge that the attachment has been made in any
case.
A rt. 18. The pensions granted in paragraphs 1, 2, and 4 o f article 11 o f the
law shall be understood to expire, the rights o f the pensioners immediately
ceasing, in the follow ing m anner:
(a) The pensions provided in paragraphs 1 and 2 shall cease with the death
of the beneficiary.
(&) The pension provided in clause (a) of paragraph 4 shall also be for
life, but shall expire if the beneficiary remarries.
(c) That provided in clauses (6) and (c) of paragraph 4 shall expire when
the beneficiaries become of age, provided they are not incapacitated for work.
It shall also lapse by the death of the beneficiary.
( d) That provided in clause (d) of paragraph 4, when the beneficiaries die.
(e) Those in clause (e) of paragraph 4, when the beneficiary attains the age
of 18, or marries. It shall also expire if the beneficiary dies.
if) In cases where there is more than one pensioner as provided in the
clauses (a) to (e) of paragraph 4 of article 11, and clause (f) of the same
article and paragraph has been applied, if the right of one of the beneficiaries
expires, that of the remaining beneficiaries shall be regulated, taking into con
sideration that the fact that determined the declaration of his right occurred
at the time of expiration of the pension in question. The same readjustment
shall be made when the pensioners are the children of the deceased, and the
right of one of them expires.
Ch apter
3.—Judicial intervention
A r t . 19. In order to comply with the obligation to report accidents, imposed
by article 25 of the law, the following rules shall be followed:
(a) If the accident occurs in a distant place, or one where communication
with the centers of population is difficult, or where there are no physicians*
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notice of the accident shall always be given to the municipal judge within 24
hours, as provided, with the privilege of forwarding the medical certificate
within three days, to be attached to the report already sent.
(&) In localities having no municipal court, the report of the accident may
be sent by registered mail, within the same period of time, and this circum
stance should be taken into consideration by the municipal court, if necessary,
to prevent the imposition of the fine referred to in article 25 of the law.
(c) Confirmation of the report sent to the municipal court in case of an
industrial accident, or of the medical certificates, shall not be required unless
the court doubts the authenticity of these documents.
( d) The employer or his legal representative may, by letter or communica
tion to tlie municipal judge, delegate to any other person the power‘to make
the industrial accident reports.
(e ) In localities where there is a municipal court, but it is not in session,
the report shall be delivered to the office of the chief of police, a receipt being
demanded for the same. The chief of police shall officially send the report
forthwith to the municipal court.
( f ) In cities having more than one municipal court, and where there is a
police court, the report shall be delivered to the police court for its immediate
transmittal to the proper municipal court.
A s t . 20. For the imposition of the fine of 100 pesos referred to in article 25 of
the law, the employer or his representative must have been notified of the
accident by the worker himself; but if the accident is of a serious nature,
it shall be presumed that the employer had knowledge of the same. The fine
shall be imposed by the municipal court, which shall collect it by means of
a writ of execution, turning the amount into the general treasury of the Republic,
through the district fiscal office.
A b t . 21. As soon as the municipal judge having jurisdiction receives notice
of the occurrence of an accidental injury consisting of a hernia alleged by the
worker to be due to a strain, he shall proceed in the following manner:
(a) At the same time as the other investigations referred to in articles
26, 27, and 28 of the law, the court shall order an immediate examination of the
injured worker by a physician whom the judge shall designate and the
physician shall issue a certificate of such examination, *stating the personal
history of the person examined and the results of previous examinations the
worker may have undergone.
(&) If the physician issuing the certificate can not furnish such history,
because he had not examined the worker previously, he shall state that given
by the worker himself, noting this fact in the certificate, and shall also relate
the circumstances surrounding the accident as told him by the patient, stating
the nature of the work in which the worker was engaged; the exact position
in which he was at the time of the accident; if he was supporting a weight
while making the effort, and the nature of the effort; the symptoms observed
at the moment of the accident and during the following days, noting especially
whether a sharp pain was felt at the time of the accident, its location, duration,
and conditions; if immediate medical assistance was necessary; and the duration
of the suspension of work by the injured worker; the present address of the
patient; and any other circumstances related by him and which it is advisable
to state. He shall state the characteristics of the hernia, as determined by a
thorough examination of the integral functioning of the affected region and of
the abdominal wall, specifying the reasons why he believes that it is a hernia
due to strain suffered in the accident to which the worker refers, or the reasons
why he believes that the hernia was not so caused, or that it occurred before the
date when the worker claims it was caused.
(c) This certificate shall be issued in duplicate by the physician, and when
received by the municipal court, the duplicate shall be sent by the next mail to
the insurance company.
(d) If the insurance company wishes to have the worker examined by one
of its own physicians, the court shall consent and shall summon the worker and
the physicians named by the insurance company for the examination, and the
physician shall issue a certificate as to the result, which shall be filed with the
other papers in the case.
( e ) The refusal of the worker to be examined, any concealment on his part
or difficulties raised in order to avoid the examination shall be considered
presumptive proof that the hernia was not caused in the accident to which the
worker related it.
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Art. 22. In the case of accidents involving fraud and guilt, the municipal
judge shall report the cases to the court of instruction or correction which
has jurisdiction, having previously taken the steps required by law. In other
cases of accident, for purposes of compensation, they shall report such cases
to the courts of first instance. In cases where the latter detect evidence of
criminal liability due to fraud or guilt, they shall return the case to the court of
instruction or correction having jurisdiction.
A r t . 23. The petitions which the employers are entitled to make under articles
31 and 32 of the law, and the opposition of the workmen thereto, shall always be
made in writing and decided within 24 hours, official notice being given the
attending physician and the physician appointed by the court to examine the
worker within 48 hours. The court shall appoint the physician proposed by the
employer.
A r t . 24. When, under article 50 of the law, the employer has assumed the
obligation imposed by the same, the summons to appear referred to in article 28
of the law shall be made at the domicile of the employer, if he resides in
the jurisdiction of the court; otherwise it shall be made at the domicile of
the manager, or whoever has charge of the work, who resides in such jurisdic
tion. If there is no one to accept the notification, after explanatory proceedings
in the matter, attested by the secretary of the court, in which are stated the
measures taken to serve the notice, the same shall be made in the court room.
Art. 25. The court of first instance shall terminate’ the proceedings at any
stage and order them to be placed on file—
(a)
When the injured worker or his duly accredited representative states
before the court of first instance that his claims have been satisfied in accord
ance with the industrial accident law.
(&) When an attested instrument given by the worker or by his family, as
the case may be, is presented to the court, in which it is stated that the claims
have been satisfied in accordance with the industrial accident law.
(c)
When the payment has been proven in any other manner that is
authentic in the judgment of the court.
A r t . 26. Judges of courts of first instance who, in accordance with article 28
of the law, award compensation which must be paid by a self-insurer of his
workers, shall fix an adequate sum within the same, which shall not exceed the
amount of the pension to which the claimant is entitled in one year, which sum
the employer shall send immediately to the court to be delivered to the worker
or his representative, even though the award may be appealed; and if he does
not do so, the amount fixed shall be collected by writ of execution. The same
procedure shall be followed for the collection of any other compensation that
must be paid by an employer to his workers even if not for the amount to which
article 28 of the law refers.
Art. 27. When immediate payment is to be made by an insurance company,
the court, as soon as judgment is declared and without waiting until it is
signed and sealed, shall, within five business days, require the representative
of the company to deposit in court the sum fixed under the preceding article.
If the representative of the company can not be located after one attempt,
demand shall be made on the director or manager of the company by requisi
tion. If, three days after the notification, the money has not been deposited, the
court shall make formal application to the Secretary of Agriculture, Commerce,
and Labor, to order the remittance of the said amount of money.
A rt. 28. After the judgment in favor of the worker is signed and sealed, if
the body against which the claim was instituted does not deliver to the judge
having jurisdiction the rest of the compensation fixed, the latter shall proceed
in the manner prescribed in the preceding article.
Art. 29. The Department of Agriculture, Commerce, and Labor shall collect
the fine referred to in article 44 of the law, for the payment of which it shall
grant a period of five days and turn the amount into the district fiscal office. If
said period elapses and payment has not been made, the department shall send
the papers in the case to the correctional court for collection by writ of
execution.
Art. 30. The summons Issued by municipal judges in authorized cases may
be made by the municipal police or by any other official agent.
Chapter 4.—Insurance by companies, associations, and employers
Art. 31. Companies and associations which wish to engage in the business of
accident insurance must present to the Department of Agriculture, Commerce,
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and Labor, for its approval, the following documents: The constitution, by
laws, and regulations; copies of their policies, application blanks, the account
books of the company referred to in article 33 of the Commercial Code and all
other books deemed necessary for the business they expect to carry on. The
inspection and supervision of insurance companies which are required by
decree of the Executive Authority shall be in charge of the Bureau of Com
merce and Industry of the Department of Agriculture, Commerce, and Labor,
which shall deal with everything relating to the organization of insurance com*
panies and associations, to self-insurers, and to other persons connected with
the payment of the compensation and the guaranties required by this law from
said companies, associations, and employers.
A r t . 32. After the documents referred to in the preceding article have been
presented and a license obtained, the company must furnish security of 100,000
pesos (national currency), in cash or in bonds of the Republic or of the
Government of the United States of America, to serve as a guaranty for the
immediate fulfillment of their obligations as insurers, and which shall be
deposited in the general treasury of the Republic, such proceedings being
conducted through the Department of Agriculture, Commerce, and Labor and
the Treasury Department. Said bond shall be at the disposition of the said
Department of Agriculture, Commerce, and Labor for the purposes of the law
and these regulations.
Abt. 33. Existing companies or associations who wish to engage in industrial
accident insurance must comply with the requirements outlined in article 31 of
these regulations, said companies depositing the security required by article 32
of the same, in addition to that which they have previously given in order to
engage in the business they have been doing.
A r t . 34. Mutual associations formed with the purpose of dividing among the
members the amount of the losses suffered by any one of them shall be subject
to the following conditions:
(а) They shall not undertake transactions other than mutual nor agree to
any profits for the members except the return of the surplus over costs incurred
during the fiscal year.
(б) They must be constituted by a public instrument and be formed by at
least 10 employers, whose character must be proved before the Department of
Agriculture, Commerce, and Labor by the last industry tax receipt.
(c) They must have insured at least 200 workers employed in the under
takings or industries in which the employers engage.
(d) The joint liability of the members must be established in the by-laws of
the association, which liability shall in no case be extinguished until the
obligations assumed have been liquidated, either directly or by acceptance of
said liability by a legally constituted industrial accident insurance company.
In order that the liability of the members shall cease in the latter case, the De
partment of Agriculture, Commerce, and Labor shall make a declaration to that
effect and approve the transfer, provided the rights of the injured or their heirs
are guaranteed.
(e) They must furnish security of 1,000 pesos for each employer member, if
he employs up to 100 workers; if there are more than that number working
under the orders of said employer, the security shall be increased 500 pesos for
each additional 100 workers or fraction larger than 50 thereof. The security
corresponding to each employer shall not exceed 10,000 pesos whatever may be
the number of workers under his control. The security shall be given in the
manner established in article 32 of these regulations for industrial accident
insurance companies.
( f ) Whenever a new member is admitted, the association must send the
following information to the Department of Agriculture, Commerce, and Labor:
That the new member is an employer; that he signed the constitution, of which
an affidavit and a certified and attested copy shall be presented by the interested
party, which shall be registered if on examination it is approved; that the
security was increased proportionally on account of the new member, taking
as the base that prescribed for the initial bond. When, because of the number
of members in the association, the security amounts to 100,000 pesos, no further
increase shall be required when new members are admitted but they must com
ply with the other requirements.
(g) On distributing the losses suffered each fiscal year by the association, it
must keep intact the reserves required by the regulations for insurance com
panies having fixed premiums.
TEXT OF LAWS---- CUBA
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(h)
When a mutual association loses one or more employers and the number
of members is reduced to less than 10, it shall not be in condition to continue its
operations and shall proceed in accordance with the provisions of article 41
of these regulations.
A r t . 35. As an increase of the security referred to in article 32 of these regu
lations, industrial accident insurance companies shall deposit in the general
treasury of the Republic, in cash or national bonds, a sum equal to 15 per cent
of the profits of each fiscal year until this additional deposit amounts to 100,000
pesos. This deposit must be made within 60 days following the yearly balancing
of the books, following the procedure prescribed in article 32 of these regula
tions for depositing the initial security.
A r t . 36. The increase in the security provided for in the preceding article may
consist of real property located within the territory of the Republic in accordance
with the following rule:
(a) It shall be appraised by the appraisers of the Department of Agriculture,
Commerce, and Labor, but the value given it can not exceed the purchase price.
(&) It shall be stated in a duly attested instrument that said realty is devoted
to that purpose.
(c) A certified and attested copy of said document shall be sent to the Depart
ment of Agriculture, Commerce, and Labor, with a note stating that it has been
recorded in the office of the register of deeds.
(d) Such real property may be transferred on the express authorization of
the Department of Agriculture, Commerce, and Labor, which shall authorize
the transfer provided security is given, in cash or in bonds equal to the
amount of the reserve represented by the real estate; said security shall serve
until the substitution of other real property or bonds in place of said security
within 30 days from the date on which authorization was obtained for the
transfer.
( e ) If the substitution is not made within the period granted, the pro
visional security shall be deposited in the general treasury of the Republic as
part of the increase in the security.
A r t . 37. In order that the Department of Agriculture, Commerce, and Labor
may issue the certificate of solvency referred to in article 50 of the law to
employers who wish to obtain authorization to relieve themselves of the
obligation of insuring their workers, they must comply with the following
requirements:
(а) Execute a voluntary first mortgage in favor of the Cuban State on all
the real property which they possess in absolute ownership, after its appraisal
by appraisers named by the department for that purpose, and it must cover
two-thirds of the assessed value, in addition to the supplementary credit fixed
for expenses and other costs in case of attachment. The resulting amount
must be in proportion to the number of workers whom they employ, taking
as the base in fixing said amount the rules prescribed in the aforesaid article
50 of the law for determining solvency.
(б) Execute the mortgage referred to in the preceding section before a notary
public of the city of Habana, the Secretary of Agriculture, Commerce, and
Labor concurring as representative of the Government of Cuba.
(c) Send to the Department of Agriculture, Commerce, and Labor all the
documents executed, an affidavit duly recorded in the office of the recorder
of deeds as well as a simple copy of the same, in which a note of its record
ing shall be made, certifying and attesting said copy, in accordance with
presidential decree No. 1123 of October 25, 1909.
(d) Send to the Department of Agriculture, Commerce, and Labor a certifi
cate issued subsequent to the recording of the mortgage by the office of the
recorder of deeds, in which it shall be stated that the first mortgage on the
property is that in favor of the Cuban Government.
(e) Observe all the provisions of the law and these regulations, relating to
the creation of reserves and payment of compensation by companies and
associations.
A r t . 38. If an employer who has obtained authorization to relieve himself
from the obligation to insure his workmen does not comply with all his obliga
tions under the law and these regulations, he shall proceed to do so, within
the time limits fixed by article 41 of the latter, and if he does not correct
the faults indicated, the fact shall be communicated to the President of the
Republic, with a report of the violation in question, so that the Executive
may withdraw the authorization granted.
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CO M PEN SATION LEGISLATION
A rt. 39. Concerning representation before the courts, the following rules
shall be observed:
(a) Insurance companies and associations shall have an authorized rep
resentative before each court of first instance in whose jurisdiction they have
workmen insured.
(&) Where insurance companies or associations have no authorized repre
sentatives, the notifications, citations, and summonses shall be made by letters
requisitorial to the director or manager of the company or association, or,
when the address is not known, by notices published once only in the Gaceta
Oficial.
(c) When the incidental claim is decided by the judge, in accordance with
the provisions of article 28 of the law, because the parties did not arrive at
any agreement in the hearing before him, the decision shall be communicated
directly to the legal representatives of the company or association at its home
office and not to its authorized representative before the court, the communi
cation being made by letters requisitorial if the company’s headquarters are
not in the judicial territory where the claim is decided.
A rt. 40. Foreign insurance companies wishing to engage in workmen’s in
surance shall comply with the same obligations and form alities as those pre
scribed in the preceding articles fo r domestic companies, and, in addition, the
fo llo w in g :
(а) They shall be accredited by certificates from the proper department or
insurance office, attested by the Cuban consul, that they are duly authorized to
carry on such business under the law of the country of their origin.
(Z>) They shall each maintain a legal representative in Cuba, registered in
the proper commercial register, who shall have authority to determine all
kinds of questions which may arise under the law and its regulations, and also
to represent it before the courts. His credentials and power of attorney shall
be presented to the Department of Agriculture, Commerce and Labor, which
shall file them with the papers of the company.
(c) On starting business they shall declare the amount of capital on which
they are operating in Cuba, and at the end of each fiscal year they shall declare
the amount of the reserve which they have created in accordance with the
provisions of these regulations.
A rt. 41. For the purpose of enforcing the law and by virtue of the powers
granted by article 40 of the same to the Executive in order to fix the condi
tions to which the insurance companies shall be subject, it is provided that
ch) Foreign insurance companies, because of the fact that their contracts
are made in Cuba, shall be expressly subject to the Cuban courts. It shall be
understood also that they accept all Cuban legislation and regulations con
cerning industrial accidents.
(б) All companies and associations shall allow the inspectors and represen
tatives of the Department of Agriculture, Commerce, and Labor to examine
the manner in which their capital and reserve funds have been invested, the
terms of the policies, premium rates, calculation of the reserve, life pensions,
and other data and documents relating to their operations in industrial acci
dent insurance, and shall accept the suggestions made by the said department
so that they may adjust themselves to the laws and regulations of the Republic.
(o)
When the Department of Agriculture, Commerce, and Labor finds that
an insurance company or mutual association is not observing the provisions of
the law and these regulations, it shall notify the representative thereof in
Cuba to remedy such faults, for which purpose they shall be allowed a term
of 30 days.
If the faults have not been remedied within the term allowed, the depart
ment shall suspend the license to transact insurance business. As soon as
the faults are remedied to the satisfaction of the Department of Agriculture,
Commerce, and Labor, the latter shall revoke the suspension.
(d) If after 60 days from notification of the suspension referred to in the
preceding paragraph, the insurance company or mutual association has not
remedied the faults which caused the suspension, the license to engage in
industrial accident insurance shall be canceled.
( e) When an insurance company ot mutual association causes two suspen
sions for the same fault, its industrial accident insurance license shall also be
canceled.
(f ) The suspension or cancellation referred to in the preceding three sec
tions shall not be decreed for noncompliance with the obligations of the com
pany to the insured, except for noncompliance with contract obligations or
TEX T OF LAW S— CUBA
1 25
for nonpayment of pensions awarded by the courts. If the refusal to pay
a pension or periodical amount arises from some circumstance which modifies
the rights of the beneficiary under the provisions of article 18 of these regula
tions, or extinguishes said rights, the suspension or cancellation shall not be
decreed until decision thereon by the common courts. Nor shall such steps
be taken when the beneficiary has elected to receive the pension in a lump
sum, and there is presented a sworn statement showing that payment in a lump
sum was chosen and was made, or when the refusal is due to the failure to
present the certificate as to health or condition which the company or associa
tion shall require every six months.
(g) A company or association which has had its license canceled in accord
ance with paragraphs (d) and (e) shall not again engage in industrial accident
insurance.
(h) The decisions of the department in the cases referred to in paragraphs
(c) and (d) may be appealed from to the President of the Republic, as pro
vided in article 57 of the law on executive powers and until he gives his
decision, the decision of the Department of Agriculture, Commerce, and Labor
shall be suspended. When the fault consists in a deficiency in the reserves
or guaranty the department may require that the insurance company or mutual
association deposit in cash or in bonds of the Republic of Cuba an amount not
exceeding 20,000 pesos, which shall be returned if the appeal is decided in
favor of the appellant, or the faults found by the department are remedied.
The deposit shall be made in the general treasury of the Republic of Cuba, by
order of the Department of Agriculture, Commerce, and Labor in the manner
specified *in article 32 of these regulations for the creation of the initial
security, and shall be considered as an increase in said security.
(i ) If the appeal from the decision of the Secretary of Agriculture, Com
merce, and Labor, referred to in the preceding section, has not been made or
if it was made and was declared to be without justification, the cancellation or
suspension shall be communicated to the judges of the court of first instance
for the purposes of article 46 of these regulations.
(/) Insurance companies handling other classes of insurance besides in
dustrial accident shall carry on such business separate from that of industrial
accident insurance.
(h)
All companies or associations engaging in industrial accident insurance
shall keep their accounts in Spanish and clearly note the results of their
operations in this class of insurance, making the necessary entries in the
day book so that the proper accounts may be carried on the ledger, in order to
be able to determine at any moment the amount the calculated obligatory
reserves have reached, the premiums on policies issued, premiums not collected,
premiums collected, commissions owed, commissions paid, general expenses,
physicians’ and druggists’ fees paid, and the compensation they may have
credited.
(I)
Insurance companies shall not assume any liability under articles 16
and 23 of the law. If it can be proved that any insurance company has
accepted any of such risks, it shall be warned, and in case of repetition there
after, the license to issue this kind of insurance shall be revoked.
A r t . 42. For the application of the minimum rates attached to these regu
lations, the following rules shall be observed:
(a)
Insurance companies may not charge rates lower than those specified
in the said minimum premium rate tables.
(&) The percentage (premium) shall be applied to the total amount of pay
roll, both wages and salaries, paid by the employer, without any deduction,
except the amount of the fixed allowances for the members of the board of
directors when they perform advisory duties, if it is a stock company. The
pay roll for the contractors or subcontractors shall be included, except when
they have independent insurance.
(c ) No agreements shall be made whereby an insurance company binds
itself not to require the determination of the wages earned, during the period
the insurance is in force, nor any others by which the premium rate is altered.
(d) If insurance companies apply the minimum fixed premiums they can
not credit their agents with a commission greater than 15 per cent of the total
premiums, unless they increase the fixed premium rates proportionally, so
that 85 per cent of the minimum premium shall not be reduced in any manner.
(e) If there are no agents, the insurance company may return the 15 per cent
to the employer, but in no case shall it return a greater percentage.
126
•w
o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
(f) If, on examination of the books of the insurance company, there should
appear amounts which have been returned to the employer or delivered to
third persons, and it is not able duly to prove the reason for these payments,
this fact shall be understood to be a violation of the provision relating to the
application of the minimum rates.
(g) Insurance companies, when applying the rates in the table, shall apply
them to the pay roll of the industry in question as a whole, making no other
subdivisions or classification of the pay roll than the following: Transport
(chauffeurs), assistants to chauffeurs, cart or truck drivers, office employees,
traveling salesmen, and workers who handle explosives, which shall pay the
rates fixed for them, respectively, in the tables. For the rest of the personnel
the premium rates shall be paid according to the industry or enterprise in which
the workers or employees are engaged, even though they are in different
occupations in such insured industry. For instance, when in the operation of
a railroad they perform work which might be included under different headings
in the table of rates, only the rates fixed for railroads shall be applied. The
same shall apply as regards the heading of sugar mills, but if a railroad enter
prise or the owners of a sugar mill engage in another industry, the wages of
the workers in that industry shall be determined on the basis of the rates apply
ing to that industry in the rate table.
(h) On making the declaration of the wages which must be used for the
industry, there shall be included, without any deduction or discount, all the
wages paid to the insured personnel whose wages exceed three pesos per day,
but the premium shall be calculated on the total amount of the pay roll
so that, even if the insured workers receive six pesos or over, the premium
shall be applied on the whole daily wage; otherwise it shall be understood
that there has been a violation of the rate scale.
(£) If the insured and the insurer agree that the cost of medical attention
and medicines, and funeral expenses, and others related thereto, are to be paid
by the insured, then there shall be a discount of 17^ per cent on the total
premium, but not to exceed said percentage under any circumstances.
(/) Nor shall they agree to the return of a certain per cent of the profits, if
any.
(k) When the policy is issued, the rate of premium applicable shall be speci
fied therein and even though it be greater than that fixed in the rate table,
the number of the same, corresponding to the work of the insured, shall also
be stated.
(I) Any violation referred to in the preceding paragraphs shall be sufficient
cause to proceed in accordance with the provisions in paragraph (c) et seq.
of article 41 of these regulations.
(II) If a workman’s compensation insurance policy also covers other risks
which are the object of other kinds of insurance, the insurance company shall
first obtain a license from the Department of Agriculture, Commerce, and Labor,
to issue the same, charging the additional rate necessary. The same thing
shall be done if the policy covers the subsidiary civil liability.
(m) The Department of Agriculture, Commerce, and Labor may, whenever
it is deemed advisable, order an examination by its own employees of the books
and documents of the insurance companies to check the relation of the wages
on which the premiums are based, the rates required, and whether there are
violations of the law and these regulations with regard to premiums. The
department may also require from the insurance companies and the employers
all the data or information it deems necessary for its purpose.
(n) The examination referred to in the preceding paragraph shall also be
made when it is requested by an insurance company, whether such examination
be of its own business or that of any other insurance company, the per diem
and traveling expenses originating from said inspection being chargeable to the
company requesting it. The amount and manner of paying said expenses shall
be fixed by the department of agriculture, commerce, and labor in accordance
with article 487 of the law on the executive power.
Art. 43. All insurance companies or associations are required to comply with
the following provisions concerning their reserves:
(a) They shall calculate, enter in their books, and create at the end of
each year the technical reserve necessary to guarantee the payment of the
pensions awarded in favor of the workers or their families, included under
article 11 of the law.
(b) When making the balance sheet for the fiscal year, there shall be entered
among the liabilities a sum sufficient to cover the compensation that has been
TEXT OF LAW S---- CUBA
127
credited for accidents which occurred during the current fiscal year. For
that purpose an account shall be carried in the books, entitled “ Cases pending ”
in which the amount reserved for this purpose shall appear as the first item,
and the payments of said compensation during the fiscal year shall be charged
to such account. The reserve for “ Cases pending ” in future balance sheets
shall be equal to the payments that have been charged to the account of
“ Cases pending ” of the preceding year, unless there has been appreciable varia
tion in the volume of business. In the latter case, the amount of the reserve
shall be increased or decreased in the same proportion that the total amount
of premiums for the year increased or decreased as compared with that of the
year previous.
(c) Tlie part of the premium not earned, based on the policies issued during
the fiscal year to which the balance sheet refers, shall also be calculated. To
calculate the premium that has not been earned, not only the estimated premium
must be taken into account, but also, as regards policies issued in previous
years, the total premiums paid in those years. As regards new business of
which the company or association has had no experience, the calculation shall be
based on the number of months the policy still has to run, in the proportion of
one-twelfth part for each month or fraction greater than one-half.
(d) All companies or associations are required to give a detailed account of
the amount of said reserve, and of the investment of the same, to the Depart
ment of Agriculture, Commerce, and Labor, within 30 days after the date of its
annual sheet, which shall be made in accordance with the rules and on the
bases prescribed by the law and these regulations.
(e) It shall be obligatory to invest the amount of the reserves for the pay
ment of pensions referred to in this article in bonds of the Republic of Cuba,
specifying the series, the number of each bond, the face value, and the date of
issue, and they shall be kept within the territory of the Republic, in the safes
of the companies or associations or in a bank of known solvency.
(if) Said reserve fund may also be invested in real property in the Republic
of Cuba, taking as the basis for estimating its value an appraisal made by two
appraisers named by the Department of Agriculture, Commerce, and Labor, but
said value may not exceed the purchase price.
( g) A certified and attested copy of the deed thereto shall be sent to the
Departments of Agriculture, Commerce, and Labor, with a statement showing
that it has been recorded in the oflice of the recorder of deeds.
(h) Stock or bonds of other companies may be included in the reserves under
the following circumstances:
1. In the case of stock, that such companies have declared a dividend of
not less than 6 per cent of the nominal value of the shares for five years prior
thereto, and in the case of bonds, that they have yielded not less than 6 per
cent interest during the same period of time.
2. No more than 20 per cent of the total reserve funds of the company shall
consist of such stocks and bonds, so that at least 80 per cent must consist of
real property or Government securities.
3. The stocks or bonds shall be computed at from 50 to 75 per cent of their
nominal value, freely appraised by the Department of Agriculture, Commerce,
and Labor.
4. The department, as soon as it learns that a dividend on said stock or the
interest on said bonds has been passed for one year, shall immediately exclude
them from the reserve fund, and shall grant a term of 20 days in which to replace
them with Government securities or real property, unless the company has
already furnished other stocks or bonds of private companies which meet the
required conditions.
A rt. 44. For the purpose o f calculating the reserves for the pensions that
are referred to in article 11 of the law, the follow ing rules shall be follow ed :
(a) The life [expectancy] of the pensioner shall be calculated by means of
the life tables of the city of Habana prepared by Dr. Vega Lamar, the tables of
Hunter based on semitropical experience, the R. F. tables of French annuitants,
the Danish survivors’ mortality table, J. H. Woodward’s workmen’s insurance
mortality table, or any other standard tables adopted by life insurance com
panies operating in this country. The remarriage table of the Dutch Royal
Institute of Insurance may also be used.
(b) When the annual amount to be received as a pension by an individual
and his life expectancy are known, then such an amount must be determined
as, when invested at not more than 4 per cent interest, the said interest and
1 28
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
that part of the capital to be used for amortization shall cover the separate
payments until the expiration of the life expectancy.
(c)
When the life expectancy of the pensioner has been found in accordance
with any of the tables mentioned, there shall be found the amount which, when
invested at not exceeding 4 per cent interest, will be sufficient to pay, with the
interest and a part of the same sum that is amortized, 1 peso annually for the
duration of the life expectancy. This amount having been determined, it shall
be multiplied by the amount of the annual pension awarded to the pensioner,
and the product will be the reserve for the payment of the pension to the
pensioner.
( (d) In case of life pensions which cease at the remarriage of the beneficiary,
the remarriage table shall be taken into consideration.
(e)
In case of pensions whose duration is up to a certain age and not for life,
the time until the beneficiary reaches that age shall be considered; instead of
finding the life expectancy of the same, the calculations necessary in deter
mining the reserve for pensions may be based on the table of J. H. Woodward.
A rt. 45. Whenever a judge notifies the Department of Agriculture, Commerce,
and Labor officially that he has sentenced a company or association to pay
a certain amount and he has signed the order therefor, said department shall
notify the company or association to make the payment within five business
days from the date of notification; if the payment is not made within that
time, it shall notify the Treasury Department to transmit the amount requested
if the security is in cash, or to sell enough bonds to cover the amount if the
security is in bonds. The Department of Agriculture, Commerce, and Labor
shall not suspend the proceedings until the judge who rendered the decision
reports to it that the payment has been made, or the company or association
duly proves that the amount demanded has been paid. The provisions of this
article shall not apply to the collection of costs.
A rt, 46. When the Department of Agriculture obtains the amount of the
claim requested by the judge, it shall be immediately sent to him. Within
the three days following, the company must replace the amount necessary to
cover its security, through the agency of the Department of Agriculture, Com
merce, and Labor; if the company fails so to do, the security shall be attached,
the license to issue insurance withdrawn, and notice given to all courts of first
instance, which in turn shall notify the employers who are shown by records
of the court to have contracted with the company.
A rt . 47. When a company or association is suspended, and also in case of
the liquidation of its business for any reason, or without liquidation when the
closing of the department of industrial insurance is determined, the Department
of Agriculture, Commerce, and Labor shall designate a person who, together
with the liquidators, shall inspect and supervise all the operations, seeing that
the law and these regulations are complied with, and preventing defrauding
of the rights granted to all who in any manner are creditors of the company
or association. The person designated by the department shall give an account
to the department of the progress of the liquidation, and shall suggest measures
tending to promote the object for which he was appointed. The department
shall take whatever action it deems suitable in this respect.
A rt . 48. If, notwithstanding, the reserves made obligatory by these regulations
are insufficient for the payment of the liabilities, or are encumbered, the amount
of the security referred to in article 32 and the increase of 15 per cent of the
profits established in article 35 of these regulations shall be applied to the
payment of the outstanding obligations of the company in the order in which
the claims were presented to the department, without any preference, but taking
care of the compensation of the workers or their heirs before paying other
debts.
A rt . 49. The security and its increase shall not be returned, in whole or in
part, to the company or association until the rights of the creditors of the
company or association are duly assured; and provided that, after announcing
the proposed return in the Gaceta Oficial for 30 consecutive days, no claims
are presented during a period of six months from the day of the first
publication.
Final provisions
A rt. 50. The Department of Agriculture, Commerce, and Labor shall prepare
statistics of all industrial accidents occurring within the territory of the Re
public; to this end the judges of the courts of first instance and the mayors
129
TEXT OF LAW S---- CUBA
of the municipalities shall notify the department within the first 10 days of
each month of all the accidents which have come to their attention during the
preceding month, by means of a report in which shall be stated the name of
the injured worker, the place where the accident occurred, the date of the
same, the name of the employer, and that of the company in which he was
insured. For the purposes of compliance with the above provision, the munici
pal judges shall notify the respective municipal mayors, within a period of five
days, of each case of accident of which he has knowledge.
A r t . 51. All persons considered as employers for the purpose of the industrial
accident law shall notify the Department of Agriculture, Commerce, and Labor
of the kind' of operation, enterprise, or industry in which they are engaged,
stating, whether they have installed the safety devices required by these regu
lations, the number of workers in their employ, and the name of the insurance
company or mutual association, or, in default of such institutions, specify
ing that he is a self-insurer of his workers. Employers must comply with the
above provision within 80 days after the publication of these regulations, and
in the future within the same period from the date when their enterprises or
businesses are organized. Employers should state clearly their office and home
addresses.
A b t . 52. Municipal mayors shall notify the Department of Agriculture, Com
merce, and Labor within 10 business days of all licenses issued for the organi
zation of enterprises or industries included under the industrial accident law.
A r t . 53. The Department of Agriculture, Commerce, and Labor shall keep a
record of the dates of maturity of the policies of the workers, noting in chrono
logical order the dates of maturity of said policies, and when it appears one is
due and not renewed the department shall notify the employer to comply with
the industrial accident law.
A r t . 54. The Department of Agriculture, Commerce, and Labor shall be in
charge of the enforcement of these regulations and shall issue such rules as it
deems best for the strict enforcement of the provisions contained in the law of
June 12, 1916, and these regulations.
Table of valuations for permanent disaMUties
[The numbers determine the reduction of the employee’s industrial ability as a result of the accident, being
in relation to 100, which signifies the maximum ability of the employee. P P * Permanent partial
disability]
Valuation of disabilities
Nature of disability
Occu Occu
Extent
pations pations
of dis
requir requir
ability Labor ing use ing use Crafts
ers
of
of
men
upper lower
extrem extrem
ities
ities
Head
Complete loss of sight...................................................................
PP
Complete loss of sight of 1 eye- - ..................................................
Loss of 1 eye and partial loss of sight in the other......... .............
Deafness in 1 e a r .........................................................................
PP
Deafness in both ears....................................................................
Incurable mental derangement...................................................
Cerebral injury with partial amnesia..........................................
Fracture of the skull [trepanacidn] with paralysis of 1 member— " P P '
100
25-30
100
10-12
45-50
100
35-40
85-90
100
35-40
100
8-10
35-40
.100
45-50
100
100
35-40
100
8-10
35-40
100
45-50
100
100
45-50
100
8-10
35-40
100
55-60
100
100
5-10
10-15
15-20
0-10
5-15
20-25
20-25
35-40
15-25
100
5-10
10-15
15-20
0-10
5-15
20-25
20-25
35-40
15-25
100
5-10
10-15
15-20
0-10
5-15
20-25
20-25
65-70
45-55
100
5-10
10-15
15-20
0-10
5-15
20-25
20-25
3.5-40
15-25
Thorax and abdomen
Incurable injury to central respiratory and circulatory systems..
Weakness of abdominal wall, after incision [laparotomy]............'...........
Simple femoral hernia-................................................................. j PP
Double femoral hernia—........................................... ................... PP
Simple inguinal hernia..................................................................| PP
Double inguinal hernia.................................................................! PP
Loss of 1 testicle........................................................................... - ...........
Rupture of urethra.................................................................... - ..............
Fracture of pelvis, necessitating use of crutches......................................
Fracture of pelvis, slight lameness...........................................................
130
w o r k m e n ’s c o m p e n s a t io n
le g is la t io n
Table of valuations for permanent disabilities—Continued
Valuation of disabilities
Nature of disability
Occu Occu
Extent
pations pations
of dis
requir requir
ability Labor ing use ing use Crafts
of
ers
of
men
upper lower
extrem extrem
ities
ities
Upper extremities
T oss o f i i , o f b o th firm s
Total loss of right arm ..... ....... ................ ........... ..
....... .
Total loss of left arm______________________________________
T„nss nf rig h t arm above elhow
Loss of left arm above elbow_______________________________
L ors of rig h t hand
_ __ __ _
Tinas o f left, hand.. , ,
Loss of right thumb _ .
___
Loss of left thumb.........................................................................
T oss o f phalan ge o f rig h t th u m b _ _______ _
_
Loss of phalange of left thumb_______ _______ ______________
Loss of right thumb and its metacarpus____________________
PP
PP
PP
PP
PP
PP
PP
PP
TiOs«j? o f le ft th u m b and its m etacarpu s
Loss of right index finger________ I____________ _____ _______
Loss of left index finger________________________ ____ _______
Loss of distal phalange o f right index finger,
_
Iioss of d istal phalan ge o f le ft in dex fin g er. _____
Loss of distal and middle phalanges of right index finger_____
Loss of distal and middle phalanges of left index finger.............
Loss of right middle finger_________________________________
Loss of left middle finger___ ___________ _____ ___ ____ _____
Loss of distal phalange of right middle finger________________
Loss of distal phalange of left middle finger______________ ___
Loss of distal and middle phalanges of right middle finger........
Loss of distal and middle phalanges of left middle finger_____
Loss of right ring finger______________________ _____ ______
Loss of left ring finger____________________________________
Loss of distal phalange of right ring finger___________________
Loss of distal phalange of left ring finger________________ ____
Loss of distal and middle phalanges of right ring finger........ .
Loss of distal and middle phalanges of left ring finger________
Loss of right little finger___________________________________
Loss of left little finger____________________________________
Loss of distal phalange of right little finger__________________
Loss of distal phalange of left little finger....................................
Loss of distal and middle phalanges of right little finper______
Loss of distal and middle phalanges of left little fingev..............
Loss of right little finger with its metacarpus________________
Loss of left little finger with its metacarpus___________ ______
Complete ankylosis of right shoulder_______________________
Complete ankylosis of left shoulder.............................................
Partial ankylosis of right shoulder (according to degree).......
Partial ankylosis of left shoulder (according to degree)...........
Complete ankylosis of right elbow_____ ____________________
Complete ankylosis of left elbow___________________________
Partial ankylosis of right elbow (according to degree)....... ........
Partial ankylosis of left elbow (according to degree)__________
Complete ankylosis of right wrist__________________________
Complete ankylosis of left wrist_____ _______ _______________ !
P a rtia l a n k v losis o f risrht w rist (a cco rd in g to decrree') _
Partial ankylosis of left wrist (according to degree)___________ _______
Ankylosis of carpometacarpal joint of right th u m b__________ ____
Ankylosis of carpometacarpal joint of left thumb____________ i _ _ _ _ _ _ _ _ _
A n k vlosis o f m etacarD onhalanseal ioint, o f rieht, th u m b
Ankylosis of metacarpophalangeal joint of left th u m b _______
Ankylosis of unguinophalangeal joint of right thumb......... ......
Ankylosis of unguinophalangeal joint of left thumb..................
Ankylosis of unguinophalangeal joint of ri?ht index finger...... .
Ankylosis of nngninophalangfl^.1 joint of left index finger...........
Ankylosis of joint between middle and proximal phalanges of
right index finger________________________________________
Ankylosis of joint between middle and proximal phalanges of
left index finger_________________________________________
Ankylosis of metacarpophalangeal joint of right index finger
Ankylosis of metacarpophalangeal joint of left index finger____
Ankylosis of unguinophalangeal joint of right middle finger.......
I
!
1
!
,
i
100
70-80
60-70
70-80
60-70
65-70
58-62
25-35
20-25
6-10
5-6
30-40
25-30
10-15
8-12
6-10
4-6
8-12
6-10
10-15
5-10
0
0
3-6
2-4
5-10
5-10
0
0
2-4
1-2
5-10
0-10
0-1
0-1
2-4
1-2
8-10
6-8
43-47
43-47
20-30
20-30
30-35
28-32
15-25
10-20
lo-30
15-20
10-15
8-12
4-6
3-4
3-4
2-3
2-3
1-2
2-3
1-2
100
70-80
60-70
70-80
60-70
65-75
58-62
25-35
20-25
6-10
4 -6
30-40
25-30
10-15
8-12
6-10
4-6
8-12
6-10
10-15
5-10
0
0
3-6
2-4
5-10
5-10
0
0
2-4
1-2
5-10
0-5
0-1
0-1
2-4
1-2
8-10
6-8
43-47
35-40
20-30
15-25
30-35
28-32
15-25
10-20
15-20
10-15
8-12
4-6
3-4
3-4
2-3
2-3
1-2
2-3
1-2
100
55-65
40-50
35-65
40-50
45-55
33-37
15-25
15-20
5-8
3-5
25-30
20-25
5-10
8-12
5-8
3-5
6-9
6-8
5-10
5-10
0
0
3-6
2-4
5-10
0-5
0
0
2-4
1-2
5-10
0-5
0-1
0-1
2-4
1-2
8-10
6-8
28-32
40-45
15-20
0-10
15-20
8-12
0-10
0-5
8-12
5-10
0-5
0-5
3-5
2-3
2-3
1-2
2-3
1-2
2-4
1-2
100
75-85
70-80
75-85
70-80
75-85
73-77
45-50
30-35
8-10
6-8
35-40
30-35
18-22
12-18
8-10
6-8
9-12
6-8
18-22
15-20
0
0
4-7
3-5
15-20
10-15
0
0
4-6
2-4
15-20
5-10
2-3
1-2
10-15
4-8
20-25
10-15
50-55
40-50
33-37
20-25
38-42
30-35
25-30
10-15
30-35
20-30
15-25
10-15
5-7
4-5
4-5
3-5
3-4
2-3
3-4
2-3
4-6
4-6
4-6
5-7
2-4
5-7
4-6
0-1
2-4
5-7
4-6
0-1
2-3
4-6
3-5
0
3-5
6-8
5-7
1-2
25-30
131
TEX T OP LAW S— CtTBA
Table of valuations for permanent d/isaMlities—Continued
Valuation of disabilities
Occu Occu
Extent
pations pations
of dis
requir requir
ability Labor ing use ing use Crafts
of
ers
of
men
upper lower
extrem extrem
ities
ities
Nature of disability
Upper extremities—Continued
Ankylosis nngiiinnphalarigeal jmnf; of left middle fingftr
Ankylosis of joint between middle and proximo phalanges of
right middlft finger
.... .... .
... _
Ankylosis of joint between middle and proximal phalanges of
lftft. middlft finger
_
_ __ _ __ _
Anlrylnsif? of mfttao^rpophalangftal jnjnt nf right middlft fingftr
Ankylosis nf matft.n.fl.rpnphalq.ngAq.1 joint nf lftft middlft fingftr
The ring finger has the same valuation as the middle finger.
Ankvlosis of iincminonhalansreal ioint of rierht little fineer
A okylosif? of iingiiinophalangfiai joint of lftft littlft fingftr
. .. ! _
Ankylosis of joint between middle and proximal phalanges of i
right little fingftr . _ „ _ ______ _ __ _ __
_ ... I
Ankylosis of joint between middle and proximal phalanges of j
left little finger_______ ______ _____________ ______ __ ____ _!_______
Ankylosis of metacarpophalangeal joint of right little finger___ j_______
Ankylosis of metacarpophalangeal joint of left little finger........'_______
Paralysis due to severance of right radial nerve____________ _J_______
Paralysis due to severance of left radial nerve_______________ i ______
Paralysis due to severance of right median nerve____________ ______
Paralysis due to severance of left median nerve______________ ■______
Paralysis due to severance of right cubital nerve_____________________
Paralysis due to severance of left cubital nerve______________ !_______
Fracture of right humerus with pseudarthrosis______________ 1_______
Fracture of left humerus with pseudarthrosis.... ........... ............'_______
Fracture of bones of right forearm with pseudarthrosis.........__________
Fracture of bones of left forearm with pseudarthrosis_________ 1 __ ___
Muscular atrophy of right arm_____________________________ ______
M u sou lar atroDhv o f le ft arm
0-1
0-1
0
1-2
1-2
1-2
1-2
2-3
0-1
2-4
1-2
0-1
2-4
1-2
0-1
1-3
1-2
1-2
3-5
2-3
1-2
0-1
1-2
0-1
1-2
0-1
2-3
1-2
2-3
2—
3
2-3
2-4
1-2
3-4
2-3
50-60
40-50
50-60
35-45
8-12
5-10
40-50
40-50
30-35
25-35
30-40
20-30
1-2
3-4
2-3
50-60
40-50
50-60
35-45
8-12
5-10
40-50
35-40
30-35
25-35
30-40
20-30
1-2
3-4
2-3
40-50
30-40
40-50
25-35
6-10
4-8
25-35
40-45
15-20
5-15
25-35
15-25
2-3
3-5
2-4
60-70
50-60
60-70
45-55
10-15
6-12
45-55
40-50
35-45
30-35
35-45
25-35
100
60-70
50-60
45-55
15-20
25-35
35-40
20-25
20-30
10-20
15-20
0-10
50-75
60-65
60-65
40-50
28-32
100
60-70
50-60
45-55
15-20
20-30
35-40
15-25
20-30
10-20
15-20
0-10
50-75
60-65
60-65
40-50
28-32
100
75-85
65-75
65-75
20-40
45-55
65-75
45-55
45-55
30-40
45-55
30-40
70-90
75-85
65-75
50-60
50-55
100
60-70
55-65
50-60
15-20
25-35
35-40
15-25
20-30
10-20
15-20
0-10
50-75
60-65
55-65
40-50
28-32
0-20
0-20
0-40
0-20
Lower extremities
Loss of use of both lower extremities________________________
Total loss of 1 member____________________________________
Loss of 1 member above knee______________________________
Loss of a foot ___________________________________________
Loss of a big toe__________________________________________
Loss of all the toes of a foot________________________________
Complete ankylosis of hip joint_________________________
Partial ankylosis of hip joint (according to degree)___________
Complete ankylosis of knee________________________________
Partial ankylosis of knee (according to degree)............ .............
Complete ankylosis of a foot_______________________________
Partial ankylosis of a foot (according to degree)______________
Paralysis of 1 leg_________________________________________
Fracture of femur with pseudarthrosis______________________
Fracture of the bones of a leg with pseudarthrosis____________
Muscular atrophy of a leg.......................................... ........... ......
Shortening of 1 leg more than 5 centimeters 1________________
Shortening of 1 leg less than 5 centimeters (according to
degree)__________________________________________ ______
PP
PP
PP
PP
1 1 centimeter*0.3937 inch.
L is t
of
S a f e t y A p p l ia n c e s
General list of groups
1. Construction, repair, and maintenance of buildings.
2. Operation of mines, quarries, and salt works.
3. Construction in general.
4. Production and use o f electrical power.
5. Production and use of explosive substances.
6. Industries in general.
7. Warehouses and magazines.
w o r k m e n ’s
132
c o m p e n s a t io n
l e g is l a t io n
Group 1.—Construction, repair, and maintenance of buildings
A . Foundation work:
1. Devices for shoring, in order to prevent cave-ins.
2. Device for use in work under water on foundations and foundation walls.
B. Wells and sewers:
1. Devices for shoring in vertical cuts and supports in the excavation of
tunnels.
2. Hanging scaffolds for use in the lining of wells.
3. Hoops of variable diameter to prevent cave-ins in well digging.
4. Safety lamps to light the excavation of sewers and wells.
5. Ventilators to purify the air in sewers and cesspools.
6. Devices to detect and measure the existence and intensity of inflammable
gases in sewers and cesspools, and to expel said gases.
7. Devices to force respirable air into sewers and cesspools.
8. Devices to save and bring to the surface asphyxiated workers.
0. Devices fastened in buildings to prevent falls:
1. Iron hooks under the eaves of facades to support the weight of four
workers.
2. Iron hooks with equal resistance on the ridges of roofs.
3. The same kind of hooks in the tops of patios.
4. Iron rings to attach oneself to or to grasp while climbing smokestacks in
dangerous places.
D. Scaffolds:
1. Fixed scaffolds on vertical supports, or scaffolding built with platform
and safety railing.
2. Hanging scaffolds built in the same manner.
3. Movable railings for fixed and hanging scaffolds.
4. Hempen nets to hang horizontally in dangerous operations.
5. Movable and extension ladders connecting the scaffolds.
E. Hoisting of heavy objects:
1. Hoisting apparatus with safety catches, run by hand without risk to the
operator.
2. Rotary cranes of all kinds and sizes, with special safety catches, and with
gas, steam, or electric motor.
3. Movable and traveling cranes.
F. Movable apparatus to prevent falls:
1. Fire escapes.
2. Apparatus for entering burning buildings.
3. Safety apparatus.
4. Canvas safety tubes (tubular slides).
Group 2.—Operation of mines, quarries, and salt works
A. Devices to safeguard travel in pits:
1. Hanging scaffolds for strengthening of pits with masonry.
2. Safety nets.
3. Special safety devices for mine cages.
4. Safety bars to prevent the falling into the pit of workers employed in
hoisting ore.
B. Equipment for ventilation of underground work:
1. Special mine ventilators.
2. Volumetric regulators.
3. System of ventilation tubes with compressed air.
4. Fans for shallow pits.
C. Devices to detect and measure inflammable and noxious gases in mines.
D. [Omitted in law.]
E. Devices to safeguard travel in underground passages:
1. Safety appliances to prevent descent of cars moving up an incline by
endless cable.
2. Safety switches to prevent the passage of cars from a general haulage
track to an incline and to check their motion.
3. Revolving axle with trammels.
4. Automatic stoppers.
5. Movable barriers.
TEXT OP LAW S— CUBA
133
F. Safety lamps to light workings which contain inflammable and explosive
gases:
1. Safety lamps for mines: (a) Oil, (6) alcohol, (o) petroleum, (d) electric.
2. Attachments for safety lamps.
3. Improved devices for closing lamps.
G. Apparatus for entering working places on fire:
1. Waterproof coats.
2. Pulmotors.
3. Gas masks (aerofaros).
4. First-aid equipment.
G rou p
3.—Construction in general
1. Scaffolds, forms, framework, etc.—adaptation of the apparatus used in
buildings to construction in general.
2. Elevators and inclines, special provision to insure 'safety in the hoisting
of construction material, safety catches and devices.
3. Apparatus for descents into wells and sewers.
4. Protective shields in tunnels.
5. Improved devices in diver’s equipment.
6. Ramp for conveying material up and down, additional apparatus for
signaling and for separation.
7. Fire extinguishers.
8. Adaptation of the safety devices used in workshop® to the machinery
used in construction works.
G roup
4.—Production and use of electrical power
1. Additional apparatus to test the safety of the dynamos when in operation.
2. Additional appliances to test the insulation, the escape, and the grounding.
3. Additional appliances for insulating dynamos and switchboards.
4. Provision for protecting the insulation of the cables and wires in places
where eiposed to deterioration or contact.
5. Automatic circuit-breakers for use in factories and construction works.
6. Automatic circuit-breakers for high tension wires of street car trolleys.
7. Circuit-breakers [operated] at a distance.
8. Insulated floors or floor coverings.
9. Safety belts.
10. Gloves and safety clothing.
11. Protective wire netting over arc lights.
12. Colored or other marking to' distinguish high tension wires.
G roup
5.—Manufacture and use of explosives
1. Special equipment for the manufacture of dynamite, principally in cold
weather.
2. Apparatus for the conveyance, storage, and handling of fuses, powder, and
explosives in general.
3. Perfecting of the equipment for firing blast holes, bore holes, or chambers.
4. Signal apparatus to warn of discharges.
5. Screens and shields for preventing the scattering of fragments in quarries.
6. Trenches, fences, and barricades to protect against flying fragments and
the falling of the same down the slopes of the quarries.
7. Special provision for warning and protection in cases of showers of stone,
wood, etc.
G r o u p 6.—Industries in general
A. Sanitation in working places:
1. Devices for testing the purity of the air.
2. Air filters for the workshop.
3. Respirators for the workers.
4. Dust-collecting systems [to be operated] in the absence of the workers.
5. Eyeglasses for nearsighted and farsighted employees.
6. Protective eyeglasses.
7. Protective clothing: (a) Foundries, (6) rolling mills, (c) compressed air,
(d) pumping.
1 34
■w
o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
8. Masks and gloves.
9. Stretchers.
10. Oases of surgical instruments.
11. Medicine chests.
12. Baths in factories.
13. Storage of explosive and poisonous substances.
14. Storage of certain liquids.
1*5. Pumps, siphons, etc., for handling dangerous substances.
B. Machines, operators, and helpers:
1. Inclosures, fences, screens, and covers.
2. Special safety catches on elevators.
3. Safety apparatus.
4. Connecting and disconnecting of parts, pulleys, safety brakes on suspended
parts, automatic or safety lubricators, applicable to: ( a) Windlasses; (6)
hoists; (c) cranes; (d) inside service tracks; (e) hoisting machinery, hydraulic
or electric.
5. Guards for band saws.
6. Guards for circular saws.
7. Set rules and blades to keep the cutting edge of the saw in alignment
and clear.
8. Safety coverings and guards for the gears and the machine: (a) In
trimming machines; (6) drilling machines; (c) pressing machines; (d) planing
machines.
9. Suction fans to collect and expel the dust in the preparation of stones
and metals.
10. Catches to limit the advance of the carriage on machines of alternating
motion.
11. Safety catches to prevent accidental operation of a machine.
12. Means to consolidate the starting mechanism for cleaning and changing
of equipment.
13. Suction fans to expel and collect the dust in textile industries.
14. Additional devices to prevent accidents while cleaning the combs and
changing the bobbins, automatic feeders on printing presses, [and devices] to
protect the hands from the carding knives, etc.
15. Special safety devices in: (a) Foundries, (&) rolling mills, (c) iron
works [transfomiadoras de hierros].
C. Motors:
(1)
General and partial inclosure with railings, chains, or wire mesh; (2)
of the gears; (3) of flywheels; (4) of working beams; (5) of governors; (6) of
keys and screws; (7) of piston rods and similar parts of pumps; (8) covers
and guards for crankshafts and connecting rods; (9) brakes on flywheels; (10)
protected plaforms for high work (working beams, lubrication, preparation,
etc.) ; (11) hand flywheel starters; (12) protected bridges over pits; (13) pro
tection for pipes on the level; (14) long-period automatic lubricators; (15)
safety devices to prevent accidental starting of motors; (16) floor guards to
prevent sliding close to parts of great velocity; (17) devices for stopping the
machinery from any place in the shop; (18) spider safety guards; (19) steam
safety valves.
D. Transmissions:
1. Safety ladders.
2. Galleries and runways for inspection, lubrication, and repairs.
3. Special implements for lubricating.
4. Belt shifters.
5. Automatic lubricators.
6. Safety guards for transmission shafts.
7. Guards for belts and cables.
8. Guards for bolts, keys, and gears of all kinds.
9. Devices for cleaning [operated] from a distance without danger.
10. Devices to eliminate bolts.
11. Safety railings in general.
12. Belt shippers.
13. Electric or other devices for throwing machinery into and out of gear
from a distance.
14. Safety sleeves.
TEXT OF LAW S---- CUBA
G roup
135
7.—Warehouses and magazines
1. Powder containers.
2. Dynamite containers.
3. Containers for percussion caps.
4. Safety containers for poisonous substances.
5. Containers of great resistance for explosive substances.
6. Baskets and cages for acid containers.
7. Special lighting devices for warehouses.
[A table of medical fees in industrial accident cases and a table of minimum
premium rates for industrial accident insurance in the various industries fol
low, but are not reproduced here.]
There are hereby repealed all the provisions contained in Decree No. 1688 of
October 26, 1917, published in the Gaceta Oficial of October 31, 1917; Decree
No. 1831 of November 12, 1917, published in the Gaceta Oficial of November 16,
1917; Decree No. 1844 of November 28, 1919, published in the Gaceta Oficial
of November 29, 1919; and Decree No. 824 of April 30, 1925, published in the
Gaceta Oficial of May 15, 1925.
ECUADOR
L A W O F O C T O B E R 6, 1928
A rticle 1. Any employer who has charge of the performance of work shall
be liable for any accidents which may happen to his employees and workers
while in the performance of their duties and which arise out of and in the
course of the occupation in which they are employed, or which are due to a
fortuitous event or force majeure connected with the nature of the work.
When the performance of the work or the operation of the industry is done
under contract, the contractor shall be considered the employer, the subsidiary
liability of the* owner continuing however.
A rt. 2. For the purposes of this law, by “ accident ” is understood any bodily
injury which the worker or employee suffers in the course of or arising out
of the work which is being performed for another.
The liability of the employer extends also to occupational diseases or diseases
caused directly by the exercise of the occupation or the performance of the
work by the worker or employee and which cause disability.
The Ministry of Social Welfare and Labor shall determine in a special regu
lation the occupational diseases to which the preceding article refers and may
revise this regulation every three years.
A rt. 3. D isability caused by an accident shall be compensated for under this
law only when it lasts longer than six days.
A rt. 4. The employer shall be exempt from all liability for an industrial
a ccid en t:
(a) When it has been caused intentionally by the injured worker or is due
entirely to his own fault.
(&) When it is due to force majeure not connected with the nature of the
work, understanding as such that which does not have any relation to the
performance of the said work.
The employer shall also not be liable to any of the heirs of an injured worker
when the latter intentionally caused the accident or brought it about by his
own fault, and this without prejudice to any criminal liability in the case.
Carelessness in the occupation, or that which is the result of confidence due
to familiarity with the work, does not exempt the employer from liability.
Proof of the exceptions mentioned in this article must be provided by the
employer.
A rt. 5. The liability o f the employer is presumed as to any accident occurring
under the conditions described in article 1 o f this law, and w ith no exceptions
other than those specified in the preceding provision.
A rt . 6. The employer may discharge his obligations relative to compensation
by obtaining at his own expense an insurance policy in favor of the workers
or employees in question from an insurance company legally organized under
the provisions of the Code of Commerce, provided the benefits are not less
than those provided by this law.
A rt . 7. The industries or works whose employers are liable are:
1. Factories, workshops, and industrial establishments in which power other
than man power is used.
2. Mines, salt works, and quarries.
3. Metallurgical factories and workshops, and construction work and ship
building.
4. Construction, repair, and maintenance of buildings, including masonry and
other related work, such as carpentry, locksmithing, stonecutting, painting, etc.
5. Establishments producing or using industrially, explosive, inflammable,
unhealthful, or poisonous substances.
6. Construction, repair, maintenance, and operation of railroads, harbors,
roads, bridges, canals, dams, wharves, aqueducts, sewers, and other similar
works.
7. Work in agriculture, forestry, and stock raising, where one or more
machines moved by mechanical power a*e used, but in this case the employer
136
TEXT OF LAWS— ECUADOB
137
is liable only as regards the personnel employed in the operation and service
of the motors and machines and the workers who are injured in accidents
connected therewith.
8. Transportation by land, sea, and inland waterways.
9. River and deep-sea fishing.
10. Cleaning of streets, cesspools, and sewers.
11. Warehouses, and wholesale depots of coal, firewood, and lumber, and
mercantile establishments in general, with respect to their employees, clerks,
servants, and traveling salesmen.
12. Theaters, with respect to their wage-earning personnel.
13. Gas works and electric-power houses.
14. Work of placing, repairing, and removing electric conductors and light
ning rods; and the placing, repair, and maintenance of wireless stations, tele
graph and telephone systems, piping, and masonry work underground or in
sewers.
15. All workers employed in loading and unloading.
16. Hospitals, insane asylums, almshouses, colleges, and similar establish
ments with respect to the wage-earning personnel for accidents suffered while
performing their duties.
17. Any similar industry or work not included in the preceding enumeration
which the Ministry of Social Welfare may declare, after receiving a report
from the labor inspector, at least 30 days in advance of the date of the accident.
A rt. 8. The preceding article shall not apply to domestic servants.
A bt. 9. For the purposes o f the compensation provided by this law, accidents
shall be classified as fo llo w s :
1. Accidents
2. Accidents
occupation.
3. Accidents
occupation.
4. Accidents
5. Accidents
which result in temporary disability.
which result in permanent partial disability for the regular
which result in permanent total disability for the regular
which result in permanent total disability for all work.
which result in death.
A bt. 10. Temporary disability, within the meaning o f the preceding article,
shall consist o f any injury which may be cured within one year, leaving the
worker or employee able to perform his regular work.
Permanent partial disability for the regular work shall mean that injury
which after recovery leaves the worker or employee with a disability which
reduces his capacity for the occupation in which he has been engaged.
Permanent total disability for the regular work shall mean any injury
which after recovery leaves the worker or employee totally unable to perform
any work in the same occupation, even though he may be able- to perform other
work.
There shall be considered as permanent disability for all work that which
entirely prevents a worker or employee from performing any trade or work.
A b t . 11. Workers or employees injured in accidents under the conditions
contemplated by this law shall be entitled to compensation in the form and
amount established in the following provisions:
(a) If the accident results in temporary disability, the employer shall pay
to the injured worker compensation equal to 50 per cent of the wages he was
receiving when the accident occurred, from the day on which the accident
occurred until he is in a condition to return to work, it being understood that
the compensation shall be paid periodically and on the same days on which the
worker has been accustomed to receive his wages.
If after one year the disability has not disappeared, the compensation shall
be governed by the provisions relating to permanent disability.
(&) If the accident causes permanent partial disability for the occupation
or kind of work in which the injured worker was regularly engaged, the em
ployer shall pay compensation equal to two years* wages, but considering in
this case as day wages the daily reduction in his wages which he may have
suffered as a result of the accident.
(c) In case the accident results in permanent total disability for the regular
work of the employee or worker, the employer shall pay to the injured worker
compensation equal to two years’ wages.
( d) In case of permanent total disability for all work resulting from the
accident, the employer shall pay to the injured worker compensation equal to
three years’ wages.
138
w o r k m e n ’s
COM PENSATION LEGISLATION
(e )
If the accident causes the death of the worker or employee, the employer
is required to pay the funeral expenses, which shall not exceed 100 sucres,11
and in addition to pay to the family of the deceased worker compensation
equal to that provided in the preceding section.
The compensation referred to in sections (&) and (c) of this article shall be
paid in monthly payments in advance; but that specified in sections ( d) and
(e) shall be paid in a lump sum.
A bt. 12. For the purposes of the last provision, by “ family” shall be under
stood the surviving spouse and the minor children of the deceased. The
ascendants and the grandchildren and brothers and sisters up to 16 years of
age shall be included in the family only if at the time of the accident they were
living with and were supported by the deceased, or if for any reason they are
incapacitated for work.
The compensation shall be considered community property and shall be
distributed among the heirs in the proportion and manner provided by the
Civil Code.
The surviving husband is entitled to compensation only if he is unable to
work.
A rt 13. In addition, the employer shall be required to pay, without right of
reimbursement, for medical and pharmaceutical attention to all workers or
employees who are injured in industrial accidents, until, in the opinion of the
physician, they are in a condition to return to work, or are declared to come
within one of the classes of permanent disability and not to need any further
attention: said attention shall be given under the direction of physicians named
by the employer.
The injured worker or employee, or his family, has the right, however, to
name for himself and at his own expense one or more physicians to supervise
the attention given by the physician named by the employer.
The employer, as well as the worker or employee, may request the services
of the public health physicians, who shall render their services gratuitously
if called by the worker or employee, and at a special rate fixed by the directors
and assistant directors, respectively, if they are called by the employer.
A rt. 14. For the purposes o f the provisions o f sections (6 ), ( c ) , (<?), and
(e ) o f article 11, by “ annual w a g e ” shall be understood that which the
w orker received during the year preceding the accident from the employer
liable for the compensation.
If the worker did not work for the employer during the entire year, the
daily wage shall be calculated by dividing the injured employee’s earnings
during the time that he worked by the number of days which he worked. For
this purpose Sundays and holidays shall be deducted only when the worker,
before the accident, had those days as rest days and did not receive wages
therefor.
If the wage of the worker was variable or his work was by the job, the
annual wage shall be determined by the rules contained in the two preceding
paragraphs, according to whether the employee worked in the service of the
employer one year or less than one year.
The determination of the wage which in whole or in part is not received
in money shall be made by agreement between the parties; and if they can
not come to an agreement, it shall then be decided by the judge in the case,
who shall take into consideration the value in the locality of the products
and other payments in kind furnished by the employer, the rate of wages of
workers in the same occupation or trade, and other circumstances attending
the performance of the work which may help in the determination of an
equitable wage.
If the worker and the employer have no agreement as to the amount of the
wage, 2 sucres 50 centavos shall be fixed as the minimum wage per day in
the coastal region, and 2 sucres per day in the mountain region, and this
shall apply even to apprentices who do not receive any remuneration.
A rt . 15. The accident compensation to be paid to employees who receive
their wages or salaries by the month shall be determined by multiplying the
amount of said salary by 24 or 36 according to whether the compensation is
that provided for in sections (c), (d), or (e) of article 11.
A rt. 16. The annual wage or salary shall never be considered as exceeding
3,600 sucres.
17 1 sucre at p a r = 2 0 cen ts; 1 ce n ta v o = 0 .2 cent.
TEXT OF LAW S— ECUADOR
139
The benefits of this law are available to workers or employees who receive a
larger remuneration, up to the maximum fixed in the preceding section. How
ever, workers or employees who earn more annually than the said amount may
stipulate with their employers for higher compensation for accidents than that
provided for in this law; but the amount of compensation which exceeds the
legal maximum may be claimed only under the general laws.
A rt. 17. The compensation for permanent disability determined in article 11
shall be independent of that stipulated in section (a) of the same article for
cases of temporary disability.
In the same manner, compensation for death does not exclude that due the
victim during the period between the accident and the death resulting there
from.
A r t . 18. Even when the accident is the result of a fortuitous event or force
majeure not connected with the nature of the work, if it occurs in the place
where the work is performed, the employer must provide first-aid treatment.
If he fails to do so, he shall be fined from 50 to 100 sucres, which shall be paid
to the injured worker.
A r t . 19. Instead of the compensation fixed in section ( e ) of article 11, the
employer may, after consent by the heirs, grant life pensions in the following
form and amount, provided he guarantees them to the satisfaction of the
heirs of the deceased:
1. An amount equal to 40 per cent of the annual wage of the deceased,
payable to the widow, children, or grandchildren under 16 years of age.
2. Twenty per cent to the widow without children or other descendants
of the deceased.
3. Ten per cent to each one of the ascendants who is incapacitated for
work or who was supported by the deceased.
These pensions shall cease in respect to the surviving spouse if she or he
remarries; and in respect to the children and grandchildren of the deceased
when they reach the age of 16 years.
The naming of the heirs to receive the pension and the distribution thereof
shall always be made in accordance with the provisions of the Civil Code
and among the heirs they shall also have the right of increase.
A rt. 20. The compensation fixed by this law shall be increased 50 per cent
if the accident was caused by the employer’s not observing the precautions
prescribed by the law on prevention of industrial accidents.
A rt . 21. Any amounts which the worker or employee owes the employer for
advances made to him shall be deducted from the amount which the employer
owes for compensation under these provisions.
A rt. 22. The amount of the compensation in any case may be reduced
judiciously by the judge, but only when it is fully proved that the resources
of the employer are not sufficient to cover the legal compensation for which he
is liable.
A rt. 23. If the employer becomes bankrupt while a claim for compensation
for an accident is pending, the amount of the compensation to which the worker
or employee is entitled shall be considered as a preferential claim in the
creditors’ meeting.
A rt: 24. Any clause which exempts the employer from liability for accidents
which may occur shall be null and void, and in general any agreement which
is in any w ay contrary to this law shall be null.
A rt . 25. Likewise, the rights granted by this law to workers and employees,
as well as the compensation to which they are entitled, can not be renounced,
transferred, offset, withheld, nor attached, nor shall there be stipulated a
method of payment different from that fixed in the law.
The case provided for in article 21 is excepted from this provision.
A rt. 26. For the enforcement of the preceding provisions, the Minister of
Social Welfare shall determine, in the regulation referred to in article 2, the
injuries which shall be considered permanent disabilities for the regular work,
whether partial or total, and those which shall be considered permanent total
in accordance with the corresponding classification.
A rt. 27. Without prejudice to the liability of the employer, the worker
injured in an accident or those who are entitled to the compensation may claim
from third parties causing the accident the total compensation for the damages
suffered, in accordance with the provisions of the general laws.
13494°— 30------ 10
1 40
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The compensation obtained from third parties in accordance with this article
frees the employer from his liability for the part that the third parties who
caused the accident are required to pay.
The action against third parties may be brought by the employer at his own
expense, and in the name of the injured worker or of those who are entitled
to the compensation, if they have not instituted the same within a period of
30 days from the date of the accident.
In this case by “ third parties ” is understood persons not connected with
the work or industrial operation, the employer and his workers and employees
thus being excluded from such class.
A r t , 28. All claims for damages for acts not covered by these provisions or
those which include fault or negligence compensable civilly, shall be subject
to the provisions of the civil law.
A r t . 29. The worker or employee, and in case of death his heirs, must report
the accident to the labor inspector if there is one in the place, or if not to the
police authority, within 48 hours after the occurrence of the accident, under
penalty of a reduction of 25 per cent of the compensation, except when there
is a good reason, duly proved.
The employer is also required to report the accident within 48 hours after
he has been notified thereof, under penalty of from 50 to 100 sucres fine.
The report of the worker and of the employer shall contain: (a) The causes,
nature, and circumstances of the accident; (ft) the persons injured and the
place where the accident happened; (c) the nature of the injuries; ( d) the
persons who are entitled to receive compensation; (e ) the daily and annual
wages received by the injured workers.
The authority receiving the report is required to verify the facts, especially
if there is a discrepancy in the statements of the employer and those of the
injured worker or his heirs.
The police authorities who receive reports of this kind shall send the same
monthly to the labor inspectors of the respective districts, who in turn shall
prepare general statistical tables of the accidents occurring in their districts,
and shall send them, also monthly, to the Ministry of Labor and Social Wel
fare, under penalty of a fine of 50 sucres in case of omission or delay.
Art. 30. When a worker or employee dies or is disabled for work as the
result of a disease contracted in the course of his work, he or his heirs shall
be entitled, under the following circumstances, to the same compensation as is
grunted by this law in the case of disability or death :
(a) The disease must be declared to have originated exclusively in the work
performed by the deceased during the time in which the disability arose.
(&) Compensation shall not be paid if it is proved that the worker or em
ployee was suffering from the disease before entering the employment that
he had to give up.
(o)
The compensation shall be exacted from the employer by whom the
worker was engaged in the kind of work which caused the disease.
{d) If the disease, owing to its nature, could have been contracted grad
ually, the employers in whose service the worker had been employed in the
work or works which caused the disease shall be required to pay compensation
in proportion to the time each had employed him. The proportion shall be
fixed by the judge if a dispute arises concerning it.
(e)
The employer in whose service a worker or employee is disabled from a
disease shall report it as in the case of an accident.
The proper authorities are required to comply with the provisions of the
preceding article.
Art. 31. Actions demanding enforcement of the provisions of this law shall
expire in one year.
Art. 32. There are hereby repealed all laws, decrees, and other provisions
which are contrary to this law, which shall be in force on January 1, 1929.
Tlie Ministry of Labor and Social Welfare shall have charge of the enforce
ment of this law.
G U ATEM ALA
DECREE NO. 669 OF NOVEMBER 21, 1906”
Article 1. Any accident suffered by workers during their employment in
factories, workshops, transportation, and rural operations entitles them to com
pensation. The head of the establishment shall be responsible for this com
pensation, regardless of what caused the accident, except when the injured
worker intentionally caused it.
A rt. 2. The employers are required to take precautions to prevent accidents
and [to safeguard] the health of the workers, and must inform them thereof
by means of written instructions posted in a conspicuous place in the establish
ment.
Art. 3. The compensation shall be paid if the accident or disease causes
an incapacity for work which lasts longer than six days.
The disability may be slight, temporary, permanent partial, permanent total,
and the case of death. Disability from slight accidents is that which lasts
during a period of from 6 days to 12 weeks; temporary disability is that which
exceeds 12 weeks.
Slight and temporary disabilities also apply to cases of disease.
A rt. 4. Each factory, workshop, or enterprise which employs more than 10
workers must create a mutual aid fund for the payment o f compensation.
Employers and workers in the same industry or in different industries may
form these mutual funds. The workers themselves and the trades-unions may
also form mutual-aid funds. Lastly, municipalities may form such Hid funds.
A rt. 5. A ll employees and workers whose wages do not exceed 2,000 p esos”
a year are required to belong to these aid funds.
Art. 6. These aid funds shall be supported from the following resources:
(1) Weekly or monthly contributions, of which the workers shall pay twothirds and the employers one-third; (2) amounts arising from fines, donations,
etc.; (3) subsidies granted by the Government.
Art. 7. The contribution to be paid by each worker shall be from 2 to 3
per cent of the wage, according to the locality, and if women and children are
employed it may be as much as 4y2 per cent. Employers must contribute
one-half more. The contributions shall be made on pay days.
Art. 8. The aid funds shall be regulated by by-laws approved by the Govern
ment, and shall be administered by an executive board composed of workers
and employers, the former in the proportion of two-thirds and the latter
one-third.
A rt. 9. In cases of disease, slight accident, or accident causing temporary
disability, the injured worker is entitled to medicines, to the visits of a
physician, and to compensation equal to half pay for a period to be determined
by the executive board in each case, but not exceeding one year. These
provisions shall cover woman employees in cases of childbirth, but they shall
be entitled to compensation for three weeks only.
A rt . 10. In cases of permanent partial or permanent total disability, the
injured worker shall be entitled to an annuity not to exceed 60 per cent of his
wage.
Art. 11. In case of death, the widow is entitled to a pension up to 20 per
cent of the wages of the deceased, and each of the children under 12 years of
age shall receive up to 15 per cent. If there are ascendants who were sup
ported by the deceased, they shall receive a pension up to 20 per cent of the
wage. The total of these pensions shall not exceed 60 per cent of the wage.
The aid fund shall also pay the funeral expenses.
18 El Guatemalteco, Nov. 21, 1906, op. 321, 322.
191 silver peso at p ar= 9 6 cents. In 1924 the gold quetzal, with a par value o f $1,
became the monetary unit o f the country.
141
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W O R K M E N 'S
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A rt., 12. The employers are required to report to the Ministry of Public
Works (Ministerio de Fomento), through the prefect, accidents to their
workers, stating the causes thereof. There must also be presented annually
to the same ministry a financial statement from the aid funds which function
under his supervision. As regards funds belonging to trade-unions or to a
federation of mutual funds, this duty rests upon the executive board.
A rt. 13. The resources of each aid fund must be deposited in a bank or in
another savings institution which, in each case, shall be designated by the
Government.
A rt . 14. Em ployers w ho w ish to relieve them selves from th e p aym ent of th e
com pensation required of them by th is law m ay ta k e o u t collective o r in d i
vidual in su ran ce in fa v o r of th e ir w orkers. In such cases th e co ntribution
designed fo r th e aid fu n d sh all be invested in th e pay m en t o f in su ran ce
prem ium s.
Such insurance policies must be taken out in companies authorized by the
Government.
A rt . 15. The Ministry of Public Works shall issue the necessary regulations
for the sanitation of factories, workshops, and enterprises; it may have them
inspected, and in case of violation of the regulatory provisions it may impose
fines of from 25 to 100 pesos. These fines shall be turned over to the respective
aid funds.
A rt. 16. Controversies which arise between the workers and the employers
in the application of this law or the complementary regulations shall be sent
to the civil judge, who, on hearing the executive board of the aid fund to
which the worker belongs, shall render his decision, the proceedings to be
brief and summary if the amount of the compensation claimed does not exceed
200 pesos.
Art . 17. The worker who presents a claim to the courts for the payment of
compensation for an accident is exempt from the use of stamped paper and
any other expense.
A rt. 18. This law covers all workers, employees, and tenants on rural estates,
as well as all casual day workers, when they are injured in an accident,
in the service, which is not due to intoxication of the injured worker.
A rt . 19. T his law sh all go into effect th re e m onths a fte r th e M in istry of
P ublic W orks has issued reg u latio n s fo r th e a d m in istratio n of th e aid fu n d s
and the d istrib u tio n of com pensation, an d h as prescribed th e reg u latio n s to
w hich u n h ealth fu l or dangerous in d u stries a re subject.
A rt . 20. A rep o rt on th is law shall be m ade to th e N atio n al L egislative As
sem bly a t its n e x t session.
REGULATORY DECREE OF FEBRUARY 14, 1907
A rticle 1. The compensation provided for in the law for the protection of
workers of November 21, 1906, shall be paid through cooperative societies
or mutual aid societies already established or which may be established in
the future, especially savings societies, adopting any of the combinations law
fully authorized in conformity with Decree No. 630,
A rt. 2. The m u tu al savings societies, independent of th e p riv a te in stitu tio n s
w hich w ere founded by o rganizations or unions, sh all h av e official existence
im m ediately, organizing cen tral, d ep artm en tal, an d local boards.
A rt. 3. The Government of the Republic designates the Mutual Savings So
ciety, authorized by a resolution of April 6, 1903, for the present as a central
board to organize departmental and local boards and to start them functioning
as branches of the same. It shall have charge of the general administration
and the collection and investment of the funds.
A rt. 4. The commissioner of the treasury of the municipality in which each
board is situated shall have supervision of the enforcement of the laws and
regulations governing these kinds of societies, as well as their respective by-laws,
being required to report to the Ministry of Public Works any irregularities
which are noted.
Art . 5. T he central governing board shall, with the approval of the Ministry
of Public Works, draw up tables relating to the contributions referred to in
articles 6 and 7 of the law for the protection of workers and those referring
to compensation and payments.
A rt . 6. The said central governing board, with the approval of the Ministry
of Public Works, shall organize the various savings and aid departments re
TE X T OF LAW S— GUATEM ALA
143
quired by the law, or it may be the Savings Fund, the insurance against dis
ability and death, and the aid and pension fund.
A rt . 7. The resources to which article 13 of Decree No. 689 refers shall be
deposited in the Mutual Savings Fund.
A rt . 8. T he ad m in istra tiv e a u th o ritie s sh all decide claim s fo r [co m p en satio n ]
pay m ents of not exceeding 200 p e so s; claim s fo r m ore th a n th is am o u n t sh all
be subject to th e [ju risd ic tio n of th e ] common courts, b u t th e use o f stam ped
p a p er in such actions sh a ll n o t be required.
A rt . 9. No postage o r telegraph * charges sh a ll be p aid on com m unications
from th e c e n tral board to th e branches and vice versa, provided th ey deal only
w ith th e object of its in stitu tio n .
A rt . 10. All docum ents issued by th e official savings societies sh all also be
exem pt from th e charges fo r stam ped p a p er an d stam ps.
Art . 11. The deposits made by the workers in the Mutual Savings Society
shall earn interest, which shall be determined semiannually by the central
governing board and which in no case shall be less thjan 4 per cent per annum
without the previous approval of the Ministry of Public Works.
A rt . 12. T he fund s deposited shall be p u t o ut a t in te re st, w ith m ortgage
security, o r invested in secured loans to th e w o rk ers an d depositors; sm all
loans w ith o u t in terest, in th e fo rm s of aid, m ay also be m ade in cases agreed
upon by th e c e n tra l governing board.
A rt . 13. The Savings Fund may issue secured negotiable bonds, redeemable
at sight and payable to bearer, for a third of the value of the loans.
A rt . 14. The deposits shall be returned in the money in which they were made.
A rt. 15. The deposits of the workers or the unions shall be recorded in small
books, which shall be given to them when making the first deposit. These
books and all acts authorized by the governing board or by the branches shall
be considered authentic.
A rt. 16. Independently of the audit prescribed by the by-laws, an audit may
be made by the agents of the Ministry of Public Works or by the treasury
officials of the municipalities.
Art . 17. The organization of the Savings and Loans Fund shall be based
on the regulation of December 31, 1893, with the modifications required by the
application of this decree.
A rt. 18. The Executive reserves the right to decree, when he considers i t
necessary, that mutual aid institutions for the benefit of workers [be organized]
on other bases, without prejudice to concessions now in force.
A rt. 19. The provisions of the Public Health Code shall be followed in
enforcing the provision of article 15 of the law for the protection of workers.
NICARAGUA
LAW OF MAY 13, 1930
P a r t 1 .— Compensation for accidents during the icork
A rticle 1. F o r th e purposes of th is law , by “ accident ” is u n d ersto o d any
bodily in ju ry w hich a w o rk er su sta in s in th e course of or a risin g o u t of w ork
perform ed fo r an o th er; by “ e m p lo y e r” is u nderstood th e in d iv id u a l o r com
p an y w hich is ow ner of or co n trac to r fo r th e w ork, th e business en terp rise, or
th e in d u s try w here th e w ork is p e rfo rm e d ; and by “ w o rk er,” an y p erson who
re g u la rly or tem p o ra rily perfo rm s an y w ork outside of h is hom e fo r a fixed
rem u n eratio n .
For the purposes of this law, the following shall also be considered as coming
within the meaning of the term “ workers ” ; 1. Anyone who, under the condi
tions described above, supervises the work of another, even though he does not
actually perform any of the work, provided his fixed daily salary does not
exceed 2 cordobas,6 and his term of employment is for not less than 30 days
2. The apprentice who works without any remuneration.
A rt . 2. This law applies also to workers employed in :
1. Enterprises or industries engaged in the construction, repair, and mainte
nance of buildings, including masonry and related trades, carpentry, locksmithing, stonecutting, painting, etc.
2. Operation of mines, quarries, and salt works, loading and unloading the
raw materials extracted, cartage and transportation by river, sea, land, or air.
3. F ish in g ; co n stru ctio n of h arb o rs, canals, dikes, lighthouses, aqueducts,
sew ers; diversion of stre a m s; u tiliza tio n of w a te r pow,er; a n d an y w ork of a
sim ila r n a tu re .
4. P ro d u ctio n of gas or electric pow er; u tiliza tio n of p etroleum a n d o th er
hydrocarbons an d th e ir d eriv ativ es; telephone, teleg rap h , a n d ra d io teleg rap h
sy s te m s ; in sta lla tio n , re p a ir, or rem oval o f electric cables a n d lig h tn in g rods.
5. T he m an u fa c tu re o r u se fo r in d u s tria l purposes of explosives, inflam m ables,
u n h e a lth fu l or poisonous substances, an d th e cleaning of stre ets, cesspools, and
sew ers.
6. The manufacture and use of any device or patented article in which
machinery driven by mechanical or other power is used.
7. The construction, repair, maintenance, and operation of railroads and
street railways, highways, and roads of the State, municipalities, local boards,
or private companies.
8. The utilization of forestry products, wholesale depots of coal, firewood,
inflammable substances, and lumber.
9. The operation of theaters and other public performances, as regards the
wage-earning personnel.
10. Apprentices who, without remuneration, assist in the performance of the
work.
11. In general, the conduct of any similar industry or work not included in
the foregoing paragraphs.
The heads or representatives of the enterprises or industries specified in the
preceding paragraphs shall pay to the worker injured in an accident such as
is defined in this law compensation, the guaranty and form of payment of which
is regulated in this law and its regulation, provided the enterprise or industry at
the time of the accident has in its employ more than 15 workers.
A rt . 3. F o r th e purposes of th is law w o rk ers who suffer accidents in ag ric u l
tu r a l w ork o r in c a ttle ra isin g sh a ll n o t be considered as included in th e term
“ w o rk er ” ; in th ese cases th e em ployer is req u ired only to p rovide an d to pay
fo r first a id an d tra n sp o rta tio n o f th e in ju re d w o rk er to h is hom e or th e n e arest
hospital. In case of d eath h e sh all p ay th e fu n e ra l expenses, w hich sh a ll not
‘ Cordoba at par=$l.
144
TEXT OP LAWS— NICARAGUA
1 45
exceed 30 cordobas. Employers not included under article 5 shall have the
same obligations.
Those who work for themselves, even though they have one or more co
workers helping them occasionally, provided they ordinarily work alone, shall
not be considered workers for the purposes of this law.
A rt . 4. T he em ployer is liable fo r th e in ju rie s suffered by h is w o rk ers arisin g
o u t of an d in th e course of th e em ploym ent in w hich th ey a re engaged. T he
liab ility of th e em ployer is presum ed w ith resp ect to every accident o ccu rrin g
in th e cases provided fo r by th is law , w ith no o th er exceptions th a n th o se
specified th erein .
A rt. 5. F o r th e p urposes o f th is law, by “ em ployer ” is understo o d a n in d i
vidual, p artn e rsh ip , com pany, or corp o ratio n w hich u su ally em ploys m ore th a n
15 w o rk e rs ; provided it h a s a declared c a p ita l of 25,000 cordobas o r more. T he
legal re p resen tativ e of th e em ployer sh all also be considered such.
A rt. 6. By “ annual wage of a worker ” is understood the remuneration to
which he is entitled, whether in cash or in kind, up to a maximum of 1,200
cordobas, for a period of 12 months’ service in the enterprise or industry in
which he was employed before the accident. For workers who have worked
less than 12 months, the remuneration shall be that received since they entered
the employ of the enterprise or industry, increased, if the worker had been 6
months or longer in the service of the enterprise, by one-half of that which he,
or workers in his class should receive, or, if he had been employed less than 6
months, by one-third of that which he should receive during the period necessary
to complete the 12 months.
If the work is not continuous, the annual wages shall be based on the
remuneration received during the period of operation in the rest of the year.
By “ workday” is understood the period of work performed during hours
which are ordinarily in use in the enterprise or industry in question, and which
correspond to a working-day.
A rt. 7. T he w age to be ta k e n in g ra n tin g com pensation to w o rk ers u n d e r 18
y ears of age or to ap p ren tices who a re in ju re d in a n accident sh a ll n o t be less
th an th e w ages of th e m ain body of w o rk ers em ployed by th e e n terp rise.
Art. 8. The employer shall not be liable for an accident caused by force
majeure not connected with the nature of the work in which the accident
occurs.
No compensation shall be paid under the provisions of this law for injuries
which do not result in the incapacity of the worker or employee to earn his full
wage for a period of at least two weeks, but if the disability lasts for a longer
period than two weeks, the compensation shall be paid from the day of the
accident.
A rt. 9. T he em ployer is ex em pt from a ll lia b ility fo r th e purposes of th is
la w : (a) W hen th e accident h a s been caused in ten tio n ally by a th ird p a rty , by
th e in ju re d w orker him self, or th ro u g h h is lack of s k ill; ( b) in case of a g rav e
m isdem eanor, such a s drunkenness, o r w hen th e in ju re d w o rk er h a s b ro ught
alcoholic beverages to w ork th e preceding day.
Art . 10. The provisions of this law are binding upon the Federal Government
as regards its arsenals, munitions factories, and industrial establishments main
tained by it It is also binding upon the municipalities and local boards of the
Republic in similar cases, as well as regards public works conducted by the
administration.
A rt. 11. The following shall be taken into account in determining the amount
of the compensation: If the accident has caused the worker’s death, the em
ployer is required to pay the funeral expenses, which may not exceed 30 cor
dobas, and in addition to pay to the family of the deceased an amount equal
to one-half of the salary he received during the time of his employment in the
enterprise, but not to exceed 1,000 days, nor may the compensation be more
than 1,500 cordobas nor less than the amount earned by him for a period of 6
months.
By “ family ” is understood, for the purposes of this law, the surviving spouse
and the legitimate, legitimated, or recognized illegitimate minor children of
the deceased.
The grandchildren and legitimate brothers and sisters of the deceased until
they are 16 years of age, and the ascendants shall be considered included under
this law if on the day of the accident they were living under the roof of and
were supported by the deceased.
The compensation shall be distributed among the heirs given preference under
this law in the proportion and form established in the Civil Code in the case
of intestacy.
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W O R K M E N S COM PENSATION LEGISLATION
In case of permanent total disability the injured worker shall receive com
pensation equal to that provided for in the case of death.
In case of permanent partial disability the compensation shall be equal to
1,000 times the daily reduction in pay suffered as a result of the accident.
Temporary disability caused by the accident shall entitle the worker to
compensation equal to one-half the average daily wage from the date of the
accident until the day on which the injured worker is in a condition to return
to work, being computed on his earnings during the last 12 months. After 2
years the disability shall be considered as permanent from the day of the
accident for the purposes of the compensation, from which the amount paid in
the form of salary during that time must be deducted.
A rt . 12. When the worker or employee dies or is disabled from a disease
contracted in the course of his occupation, he shall be entitled to the compensa
tion in the preceding article under the following conditions:
(a) The disease must be declared to have originated exclusively in the kind
of work performed by the worker during the year preceding the disability.
(&) Compensation shall not be paid if it is proved that the worker was suf
fering from the disease before entering the employment which he had to give up.
(c) Compensation shall be exacted from the last employer for whom the
man worked during the year referred to in the occupation, the nature of which
caused the disease.
( d) If the disease, owing to its nature, could have been contracted gradually,
the other employers in whose service the worker had been employed during the
last year on the kind of work which caused the disease are liable to the last
employer for a proportionate share of the compensation paid by him, the pro
portion to be fixed by arbitrators if there is any controversy concerning it.
(e) The employer in whose service a worker is incapacitated by a disease
must report it in the same way as an accident.
Occupational diseases must be specifically enumerated by the Executive
Authority in the regulation of this law, after a previous report from the tech
nical bureaus, and liability therefor shall begin 90 days from their determina
tion.
A rt . 13. The pensions or compensation to which this law refers shall cease,
as regards the children, when they become 18 years of age unless they are
incapacitated.
A rt . 14. An action for compensation must be brought within one year from
the day of the accident.
A rt . 15. C om pensation fo r d eath does n o t exclude th a t due th e deceased d u r
ing th e period th a t he lived, from th e tim e of th e accident u n til h is death.
A rt . 16. The compensation fixed by this law shall be increased 50 per cent
if the accident occurs in an establishment or works where the machinery or
appliances are not provided with safety devices required by articles 18, 19, and
20 of this law.
A rt . 17. The pensions and daily allowances referred to in this law can not
be transferred nor encumbered, nor are they subject to attachment; therefore,
courts shall refuse to consider any claims of this nature. Any waiver of the
benefits of this law and in general any agreement contrary to its provisions shall
be null and void.
A rt . 18. It shall be the duty of the Executive Authority through the Ministry
of Public Works, to prepare and publish, as soon as possible, a study of up-todate safety devices for the prevention of industrial accidents.
A rt . 19. The Ministry of Public Works shall prepare and publish as soon as
possible a catalogue of safety devices for the prevention of industrial accidents.
A rt . 20. The Ministry of Public Works shall prepare the regulations and
orders necessary to prevent industrial accidents, as well as everything connected
with the conditions as to safety which are necessary in each industry.
A rt . 21. The Ministry of Public Works shall endeavor to establish a museum
in which shall be kept models of safety, devices for the prevention of industrial
accidents and in which new devices shall be tested, including in the catalogue
referred to in article 19 those which practice recommends.
A rt . 22. If it is proved that the accident was due to inexcusable negligence
on the part of the employer or of those acting for him in the management, the
compensation shall be increased by a sum up to 50 per cent of such compensa
tion.
A rt . 23. If an employer fails to pay the compensation for industrial accidents
when it is due, the interested party shall have, in addition to the guaranties
TEXT OF LAWS— NICARAGUA
147
established by the insurance company which insured the compensation, the right
to attach the property of the enterprise or industry, and the property of the
employer where the accident occurred in the manner established in the substan
tive and adjective laws of the Republic. Such attachments have preference over
any other credits, regardless of their nature.
P art. 2.—Reporting of accidents and judicial intervention
Art . 24. A report of every accident causing disability shall be given within
the following 24 hours by the employer or his representative, or by any other
person, to the local civil judge of the jurisdiction or to the authority acting in
his place. This report shall contain the names of the injured and of the wit
nesses to the accident, and shall be accompanied by a medical certificate or, in
places not having a physician, by a statement of one having a knowledge of
medicine, stating the condition of the injured, the probable consequences of
the accident, and when, in the physician’s judgment, it will be possible to
determine the ultimate result. Failure to comply with this article shall subject
the employer to a fine of 40 cordobas for the benefit of the municipal fund.
This fine shall be collected in the same manner as municipal taxes.
The local judge or the authority acting in his place shall give to the informer
a receipt for the report and the medical certificate, and shall report the accident
to the insurance companies, when they begin to operate in the country, if the
worker is insured, as well as to the mayor of the municipality in which the
accident occurred.
A rt . 25. In the same manner said local judge shall immediately send a copy
of the report and medical certificate to the civil district judge in whose juris
diction the business is situated. This having been done, the local judge shall
officially and without the intervention of the interested parties, investigate
within eight days: (1) The causes, nature, and circumstances of the accident;
(2) the persons who were injured and the place where they are to be found;
(3) nature of the injuries; (4) relatives entitled to compensation; (5) daily
and yearly wage of each of the injured persons.
A rt . 26. The local judge shall go to the side of the injured worker to take his
statement. If the judge is incapacitated, he shall name a physician to examine
the worker if he does not find the original certificate, referred to in article 24,
sufficient.
Art . 27. After the inquiry referred to in the preceding article is completed,
the local judge shall send it to the civil district judge, who, on receiving it, shall
call the parties or their representatives together in order that they may come
to an agreement on the liabilities disclosed by the inquiry. If they can not
come to an agreement, their differences shall be submitted to the district judge
in the manner specified therefor in the law of civil procedure, either of the
parties being able to so submit them. If his decision is favorable to the
injured worker, the judge shall therein fix an adequate amount within the
compensation limit which must be paid, the same to be made effective imme
diately, through the proceedings for the execution of final decisions, even though
the case may be appealed. In these cases there is no appeal for reversal.
Art . 28. The injured worker shall have the right to choose the physician and
the pharmacist whom he wishes to attend him for the injury caused by the
accident; but in such case the head of the said industry or enterprise shall
not be required to pay these expenses until after the local judge, without any
proceeding or appeal, adjusts the medical fees and authorizes the pharmacist’s
bill. In case the district judge tried the case, he shall handle this matter.
A rt . 29. The heads of the hospitals and sanatoriums within the territory of
the Republic and the employer or head of the factory may agree among them
selves as to the care and other expenses necessitated by the injured worker.
A rt. 30. During the course of medical treatment, the employer may petition
the local judge, or the district judge in the case in article 28, to appoint a
physician to visit the injured worker in the presence of the attending physician.
If the injured worker opposes this, his daily allowance shall be suspended by
order of the said judge, who shall notify the interested party.
A rt . 31. If the physician appointed by the judge certifies that the injured
worker is in condition to return to work, and the latter and the attending
physician do not agree, the employer may request the judge to appoint another
physician to act as arbitrator, who shall, within a period not exceeding three
days, determine the question finally and without any appeal.
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le g is la tio n
A rt . 32. Heads of enterprises or industries can relieve themselves of the obli
gation to pay the expenses incident to the illness and the daily allowances to
those who are injured in industrial accidents, if they prove:
1. That they have insured their workers in a legally established insurance
company.
2. That said insurance company guarantees to those insured medical and
pharmaceutical attention and in addition a daily allowance. The daily allow
ance paid by the company must be equal to that fixed by this law.
A rt . 33. In every accident the employer is required to pay for first aid to the
injured, medical and pharmaceutical attention, and funeral and burial expenses,
provided the last two do not exceed 30 cordobas.
P art 3.—Insurance and guaranties for injured workers
Art. 34. As soon as companies are established in the country for that pur
pose, all workers rendering service in the enterprises or industries referred to
in this law shall be insured at the expense of the employers, who are directly
liable for injuries suffered by the former in the course of the work in which they
are employed. The obligation to insure the workers included under the bene
fits established by this law can not be evaded in any case. In enterprises, indus
tries, or construction in which the work is not of a continuous nature, the obli
gation to insure is limited to the work carried on. The employer shall never,
for any reason nor under any circumstances, retain, directly or indirectly, part
of the wages of the workers to pay the charges for insurance taken out in com
pliance with the provisions of this law.
A rt. 35. T h e in su ran ce re fe rre d to in th e preceding a rtic le sh all be a t th e
expense of th e h ead o r rep rese n ta tiv e of th e enterp rise, in d u stry , o r construction
an d sh all cover a ll accidents, including violent d eath, re su ltin g fro m th e w ork.
A rt . 36. If the work is being done for the Federal Government, a municipal
ity, or a local board under bid or award, the insurance shall be paid for by
the bidder who obtained the contract.
A rt . 37. T hese provisions sh all app ly to th e co n stru ctio n of bu ild in g s even
w hen th e num ber o f w o rk ers is less th a n 15 w henever th e w ork is being done
a t m ore th a n five m eters from th e g round an d scaffolds an d m ovable o r s ta
tio n a ry bridges a re used th erein .
A rt . 38. Any person who, by reducing the wages of his workers or in any
other manner, directly or indirectly endeavors to evade the obligations arising
under this law or to frustrate its purposes shall be guilty of a crime, of which
the common courts shall have jurisdiction in accordance with the provisions
of the Penal Code.
Art . 39. In order to enter into business of this kind, accident insurance com
panies, when they are established, shall submit their by-laws for the approval
Of the Government and be subject to the inspection and supervision of the
State. They shall also furnish security sufficient to guarantee their operations.
The regulations of this law shall fix the other conditions to which said com
panies shall be subject.
A rt . 40. An em ployer o r m an ag er m ay in su re h is w o rk ers in fo reig n com
panies, provided th e obligations o r com pensation benefits w hich th e com pany is
req u ired to p ay in accident cases a re equal to those fo r w hich th e em ployer is
d irectly liable in conform ity w ith th is law .
P art 4.—Accidents on board sMp
A rt. 41. All persons forming the crew of a ship or who are carried on Its
roll, with the exception of the Qaptain, shall be considered workers for the
purposes of this law, provided the ship is of Nicaraguan registry and said
crew receive a salary or wage.
The shipowner, or any other person or body which profits directly from
the operation of the ship shall be considered the employer. In cases of acci
dent or death, the compensation and other rights of seamen shall be regulated
by the provisions of this law.
A rt. 42. If the ship is lost or six months have elapsed without receiving any
word of it or of the members of the crew, the compensation referred to in this
law shall be payable as in case of death.
Art . 43. In case of a n in d u s tria l accident on b oard h is ship, th e ca p ta in or
em ployer m u st m ake a pro m p t investig atio n , m aking a re p o rt of th e circum
stances of th e case in accordance w ith th e provisions o f a rtic le s 25 a n d 26 of
TE X T OF LAW S---- NICARAGUA
149
this law. If there is a physician on board the ship, he shall be requested to
assist in the investigation and in the issuance of the required certificate. In
case of an accident occurring while at sea, the 24-hour limit fixed by this law
within which to report the accident shall begin from the time of the ship’s
arrival in a national port or in a foreign port where there are consular or
diplomatic representatives of the Republic, who shall act as local judges in
such cases.
P ar t 5.—Miscellaneous provisions
Art. 44. T he em ployers or ow ners of in d u strie s a re req u ired to p o st in th e ir
shops a copy of th is law u n d er p en alty of a fine of from 1 to 50 cordobas fo r
fa ilu re to do so.
A rt. 45. This law shall not apply to persons in the military service of the
Republic, on land or sea.
A rt. 46. Claims for damages from causes not included in the provisions of
this law shall be subject to the provisions of the general laws.
A rt. 47. If th§ accident is caused by fraud, imprudence, or negligence consti
tuting a crime or offense under the existing penal laws, the judges or competent
courts shall exercise jurisdiction in the case and in their decisions shall fix the
compensation to be paid.
If the judges and criminal courts grant a stay of proceedings or an acquittal
to the defendant, the right of the injured workman to claim compensation under
the provisions of this law remains in force and the period for prescription shall
begin to run from the day following notification of the decision of the court.
Art . 48. This law shall not be construed as establishing the right of insur
ance against industrial accidents as regards workmen in the direct employ of
the State, the municipalities, or local boards, but each one of these bodies shall
be considered as its own insurer.
Art . 49. Heads or employers in industries or enterprises of a permanent char
acter employing in their establishments or work places workers subject to
compulsory insurance may relieve themselves from insuring their workers by
assuming all the obligations under this law referring to compensation, but they
must have the authorization of the President of the Republic.
To obtain the authorization referred to in the preceding paragraph it will
be necessary to prove their solvency by means of a certificate from the Ministry
of Public Works, which shall be issued upon presentation of satisfactory proof
by the employer, enterprise, or industry that it possesses unencumbered real
property of the value of not less than 600 cordobas for each worker in its
employ, if there are not more than 20 workers, of 300 cordobas if there are over
20 and under 50 workers, and of 50 cordobas if there are over 50 workers. Said
property shall not be encumbered at any time while subject to this liability and
shall be insured if liable to fire.
A rt. 50. Enterprises and industries belonging to aliens shall be required to
have legal representatives in the country with sufficient power to transact any
business relating to the compensation for which they are liable to their workers,
and to answer for these obligations, if necessary, before the Government and
courts of justice. They can be sued in the courts of the Republic, and their
power of attorney for this purpose shall be recorded in the proper mercantile
register.
These provisions apply to all accident insurance companies which may be
organized in the Republic.
A rt . 51. The rights granted by this law to workmen can not be waived.
A rt. 52. The provisions of this law are without prejudice to the obligations
which concessionaires may have, contracted in favor of workers when the enter
prises or industries operate by special concessions from Congress or the
Executive Authority.
A rt. 53. In all legal papers necessary for the inquiry and the payment of
compensation referred to in this law, ordinary rather than official paper may
be used.
A rt . 54. This law shall go into effect three months from its promulgation; and
the Executive Authority shall, within this period, issue the necessary regulations
to facilitate its enforcement.
PANAMA
LAW NO. 17 OF NOVEMBER 16, 1916, AS AMENDED BY LAW NO. 43 OF
DECEMBER 30, 1916
C h a p ter
1.—Liability for industrial accidents
A r t ic l e 1. Any bodily injuries causing disability suffered as a direct result
of the work by employees or workers in the works or industries referred to in
articles 4 and 5 shall be considered industrial accidents.
These accidents entitle the injured worker or his family to compensation paid
by the owners, contractors, or persons in charge of the work in which the
accident occurred.
The provisions of this article apply also to commercial employees in the
performance of their work.
Art. 2. Accidents which are caused by force majeure not connected with the
nature of the work performed by the injured worker, and those which are
intentionally caused by the workers or employees, as well as those due to a
misdemeanor imputable to the injured worker or to a third person, shall not
be considered accidents nor shall they be compensable by the owners, managers,
etc.
Art. 3. For the purposes of this law, by “ employers ” will be understood
those who, either personally or legally, represent enterprises, companies, etc.,
and all those who have under their direction or control public or private works
or the operation of any industries.
In case of accidents, the compensation for permanent partial or permanent
total disability shall begin as soon as it has been legally proved that it was
caused by the work, and in case of death, immediately after that has been
legally proved.
Art. 4. The industries to which the preceding article refers are the follow
ing, provided they are of a permanent character: Mines, salt works, and
quarries, factories, metallurgical shops, establishments where explosive, in
flammable, unhealthful, or poisonous materials are manufactured, loading and
unloading enterprises at warehouses, wharves, etc.
Art. 5. By “ public or private works ” shall be understood the following:
The construction, repair, and maintenance of public works, railways, harbors,
roads, bridges, dams, wharves, aqueducts, sewers, the construction, repair,
and demolition of public buildings and other similar work, whether for a
private individual or for a national or municipal body, transportation enter
prises by land, by sea, and by rivers, navigable canals, etc., within the juris
diction of the Republic.
C h a p t e r 2.—Compensation
Art. 6. Compensable accidents, under this law, shall be classified into three
classes, as follows: 1. Accidents causing temporary disability; 2. Accidents
causing permanent partial or permanent total disability; 3. Accidents causing
death.
Art. 7. In all cases of accident the employers shall pay the medical and
pharmaceutical expenses during the period of incapacity of the injured worker
and until in the physician’s opinion he is in condition to return to work. In
case of death, the employer shall pay the expenses of the deceased’s funeral,
which shall be in accordance with the worker’s social position.
A rt . 8. W orkers or employees w ho a re in ju re d in a n in d u s tria l accident in
th e m an n er estab lish ed by th is law sh all be en title d to th e follow ing com pensa
tion in ad d itio n to th a t re fe rre d to in th e preceding article :
1. If the disability is temporary, one-half of his wages from the day on which
the accident occurred until he is able to return to work;
2. If the disability is permanent partial, compensation in a lump sum
equivalent to his wages for one year;
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TEXT OF LAW S---- PA N A M A
151
3. If the disability is permanent total, compensation in a lump sum equivalent
to his wages for a year and a half; and
4. In case of death, compensation in a lump sum equivalent to two years’
wages, to be paid to the representatives of the heirs of the deceased.
A rt. 9. Injured workers who, as a result of the accident, can not carry on
their work or trade again, but must perform other less lucrative work, shall be
entitled to special compensation, in a lump sum, equivalent to two-thirds of the
difference between the wages earned at the time of the accident and those
earned by the injured worker the following year.
Art . 10. The employer may grant to the heirs of the deceased, life pensions
equivalent to 50 per cent of the wages of the deceased for six months, in lieu
of the compensation provided for in the preceding articles, provided he guaran
tees such pensions to the satisfaction of the heirs of the deceased.
A rt . 11. The wages earned by the injured employee or worker on the day
on which the accident occurred shall be taken as the base in computing the
compensation.
In the cities of Panama, Colon, and Bocas del Toro, the daily wage shall never
be considered as less than 1 balboa.20 If the work was not continuous, the
annual wage shall be calculated on the total remuneration received during the
last six months, taking the average of these amounts as the base for the com
pensation.
Art . 12. The rights granted by this law to workers and employees can not be
waived or transferred, nor may they be negotiated or attached, any such trans
action being null. All workers and employees shall have the privilege of
proceeding in forma pauperis.
Art . 13. When the injured worker is an apprentice, the compensation shall
be computed according to the lowest wage earned by the workers in the same
industry in which the apprentice was employed.
C hapter 3.—Suits for compensation
Art . 14. Actions for compensation for industrial accidents shall be tried in the
manner provided by the laws or procedure for actions for maintenance, and
those bringing them shall be accorded the provisional measures which the
judicial and police authorities are authorized to take in behalf of those entitled
to maintenance.
A rt. 15. The action must be started within one year after the accident; after
this period elapses it shall not be admissible, but in such a case the injured
worker or his heirs have a right to claim compensation under the general laws
for damages from the person liable for the accident. This action can not be
tried jointly with the action for compensation for an accident.
A rt. 16. In all disputes concerning industrial accidents, the competent judge
is the one having jurisdiction by reason of the amount involved, in the place
where the accident occurred or in the domicile of the plaintiff, as the latter may
elect The plaintiffs in these cases have the right of suing in forma pauperis.
A rt. 17. T he judg es w ho h e a r in d u s tria l accident cases sh a ll give special
a tten tio n to such cases an d decide them in th e sh o rte st tim e possible.
A rt. 18. The heads or employers in industries and enterprises of a permanent
character having legal representatives in the country, who employ workers or
employees subject to the compulsory insurance system, may relieve themselves
from insuring their workers or employees by assuming all obligations under this
law as regards compensation.
Those who thus insure their employees shall be exempt from the provisions
of articles 24 and 25 of this law, but are required to permit the books and
records of the employees and workers to be examined by the mayors in the
various districts.
C hapter 4.—Industrial accident insurance companies
A rt. 19. In the case of industrial accident insurance companies doing business
in the Republic, an insurance policy must be issued before the work begins or
not later than five days thereafter, provided the company is duly constituted and
authorized, it being a necessary condition that the amounts to be paid to the
injured worker or his heirs shall not be less than those granted by this law.
20 1 balboa at p a r = $ l .
152
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o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
F o r th is purpose, such com panies sh all req u est from th e p ro p er a u th o rity a
license, being su b ject to th e follow ing conditions in addition to g en eral pro
visions on th e m a tte r: ( 1 ) L egal residence in th e R epublic; ( 2 ) P e rm a n e n t
deposit of 40 p er cent of th e to ta l am o u n t of its business in th e co u n try ; ( 3 )
E xclusion of all fo rfe itu re clauses in th e policy p e rtain in g to th e in ju re d w o rk er
o r h is h e ir s ; ( 4 ) Subm ission to inspection an d a u d it by th e pro p er au th o rity ,
w ho m ay revoke th e license w hen an y of th e legal req u isites a re lacking.
A rt . 20. In case of the bankruptcy of an insurance company, the amounts set
aside for the payment of accident insurance policies shall not be included in the
general funds of the bankrupt company and shall be returned, in the State
in which they were at the time of the bankruptcy, to the employers who took
out the insurance policy, who can transfer them to another insurance company.
A rt . 21. In su ra n ce ta k e n out by th e em ployer can be in th e nam e of one o r
m ore w orkers, o r collectively in fa v o r of all th e w o rk ers of a n e stab lish m en t o r
of a portion of th e sam e o r of a clearly defined class of w orkers.
A rt . 22. The injured worker or his representatives may claim payment of
the insurance directly from the insurance company or from the employer. The
latter shall be released [from obligation] when the compensation has been
entirely settled.
A rt. 23. Em ployees or w orkers in su re d in in su ran ce com panies sh a ll n o t be
en titled to o th er com pensation.
C h a p te r 5 .— Various provisions
A rt . 24. T he d irecto rs or m an ag e rs of operations h av in g m ore th a n tw o
em ployees in th e ir service sh all be re q u ired to re p o rt to th e p ro p e r a d m in istra
tiv e a u th o rity w ith in a m onth a fte r beginning w o rk as to th e n a tu re of th e
business an d th e num ber of employees a n d ap p ren tices employed th erein , an d
a s to any insu ran ce c o n tra cts th ey m ay h av e made.
N eglect or fa ilu re to m ak e these re p o rts sh all be p unished by a fine o f from
50 to 100 balboas or im prisonm ent eq uivalent th ereto .
Art . 25. H e w ho fa ils to in su re h is w o rk ers or employees o r w ho does n o t
renew th e in su ran ce policy w hen it expires, or who, w hen c a rry in g collective
insurance, does n o t increase it w hen th e nu m b er of w o rk ers is increased,
sh all in cu r a fine of 25 balboas fo r each w o rk er w ho is n o t insured, an d
fo r each day o f d elay an d [fa ilu re to ] renew o r ex ten d th e insurance, u p to
a m axim um of 1,000 balboas. A second offense sh a ll be p u n ish ed w ith
im prisonm ent of from 3 to 6 m onths.
A rt . 26. A ll w o rk ers o r employees a re re q u ired to re g iste r in th e m ayors’
offices, specifying th e ir duties, business, or occupation a n d th e p lace a n d e n te r
p rise w here they w ork. W hen a w o rk er goes fro m one job to a n o th e r h e m u st
n o tify such office a t once.
A rt. 27. The offices referred to in the preceding article shall keep, for such
purpose, the record books prescribed by the Executive Authority in the regula
tions to be issued under this law.
A rt . 28. Without prejudice to the liabilities* established, the employers are
required to adopt the measures and precautions suggested by experience for
the prevention of accidents.
A rt . 29. An em ployer who, by m eans of w age deductions, m ak es a w orker
o r em ployee c o n trib u te to th e cost of th e in su ran ce re q u ire d by th is law ,
sh all tu rn over to th e w o rk er or employee 10 tim es th e am o u n t of th e deduction
an d sh all in cu r a p e n a lty of from 100 to 500 balboas o r im prisonm ent eq u iv alen t
thereto.
A rt . 30. As soon as the Executive Authority considers it necessary, he shall
proceed to appoint official labor inspectors and they shall be the competent
administrative authorities for the purposes of this law.
A rt . 31. W hen a w o rk er dies as th e re su lt of a n accident, th e em ployer is
required, in rep lacin g him , to give p reference to a m em ber of th e deceased’s
fam ily, if he is capable o f doing th e w ork.
A rt . 32. A ny agreem ent c o n tra ry to th e provisions o f th is la w is null. T he
benefits g ra n te d by it can n ot be w aived.
A rt. 33. Provisions of this law, as to compensation, shall go into effect six
months after its promulgation. The other features [of the law] shall become
effective after three months.
Art . 34. The Executive Authority shall issue the regulations which he deems
necessary for the convenient and strict enforcement of the provisions of
this law.
PARAGUAY
LAW NO. 926 OF SEPTEMBER 7, 192T
A r t ic l e 1. Every employer, whether an individual or a corporation, shall be
civilly liable for the accidents suffered by his employees and workers arising out
of and in the course of the employment in which they are engaged or due to a
fortuitous event or force majeure connected with the nature of the work.
A rt. 2. F o r th e purposes of th is law , by “ em ployer ” w ill be u nderstood th e
in d iv id u al o r com pany ow ning th e w ork, operation, in d u stry , o r business in
w hich th e w ork is p e rfo rm e d ; by “ w o rk er o r employee,” th e one w ho perform s
fo r an o th e r m an u al w ork outside of h is own home.
An industrial accident is one which arises out of and in the course of the
work, causing bodily injuries disabling the worker temporarily or permanently
from performing his work. Accidents due to fortuitous events or force majeure
connected with the nature of the work which caused such injuries shall also be
considered industrial accidents.
Art. 3. W orkers o r employees who ren d e r services in th e follow ing in d u stries
and en terp rises a re covered by th is l a w :
(a) Factories, workshops, industrial and commercial establishments.
(&) Construction, maintenance, and repair of buildings, railways, ports, dikes,
canals, and similar works.
(c) Agriculture—the personnel employed in the management or operation of
motors or machines.
(d) Stock raising, meat preserving, cold storage, and other branches of the
meat industry connected therewith.
(e ) Mines and quarries.
if) Transportation, loading, and unloading.
(g) Manufacture or use of explosives, inflammable materials, or electricity,
the installation of telephone and telegraph [systems] and lightning rods.
(h) Manufacture and preparation of mat£.
A rt . 4. In stock raisin g , w orkshops, m a t6 p lan tatio n s, an d re ta il businesses
only em ployers o r co n tracto rs w ho employ m ore th a n six w o rk ers or employees
a re liable u n d e r th is law .
A rt . 5. The employer is exempt from all liability for industrial accidents:
(a) When the accident is caused intentionally by the injured worker.
(& ) W hen th e in ju re d w o rk er is u n d e r th e influence of liquor a t th e tim e o f
th e accident.
(c ) W hen It is due to force m a je u re no t connected w ith th e n a tu re of th e
work.
(d) The employer shall also be exempt from liability as to any of the heirs
of a deceased worker when the latter caused the accident voluntarily or by his
culpable negligence.
A rt . 6. T he liab ility of th e em ployer continues even w hen th e w o rk er o r
employee w orks u n d er th e directio n of ag en ts o r co n tracto rs w hom th e ow ner
h as employed to o p erate th e in d u stry , provided th e m anagem ent o f th e w ork
an d th e control in h eren t in its execution a re in ch arg e of th e em ployer o r the
con tractor, a s th e case m ay be.
Art . 7. In o rd er to be com pensated, th e d isab ility .m u s t la s t longer th a n
10 days.
A rt . 8. T he follow ing m u st be considered in determ in in g th e am o u n t of th e
com p en satio n :
(a)
When the accident causes the worker’s death, the employer is required
to pay the funeral expenses, which may not exceed 2,000 pesos21 (legal currency),
and to pay an amount equal to the worker’s average earnings at the time of the
accident for 1,000 days.
(ft) In case of permanent total disability the compensation to the injured
worker shall be equal to that awarded in case of death.
(c)
For permanent partial disability the compensation shall be 1,000 times
the reduction in daily wages suffered as a result of the accident.
* 1 peso= 2 .2 6 cents.
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w o r k m e n ’s
CO M PENSATIO N LEGISLATION
(d)
If the accident causes the worker to be temporarily incapacitated for
the work the compensation shall be two-thirds of his regular wages during lv s
disability. If he has not recovered at the end of the year, it shall be regarded
as permanent for the purposes of compensation.
A rt . 9. In no instance may the total amount which the employer has to pay
exceed 50,000 pesos (legal currency).
Failure to pay the pension punctually subjects the employer’s property to
attachment.
A rt. 10. When a worker is killed, only the widow and minor children who
have been supported by the deceased shall be entitled to compensation.
The ascendants shall share with the latter only when they have lived with
and been supported by the deceased, in which case the compensation shall be
distributed pro rata.
Art. 11. For the purposes of the preceding provisions the Executive Authority
shall determine by regulation the injuries which shall be considered as perma
nent total and temporary total disability, and the valuation thereof on the
basis of the reduction in working capacity occasioned by said injuries, taking
into consideration the occupation, age, and education of the injured worker.
Art. 12. For the purposes of this law, by “ average wage ” is understood the
remuneration received by the worker in money or in other form, whether it be
for work by the job, for extra work, or as a gratuity, a share in the profits, or
any other additional remuneration which is of a regular character in the
industry.
By “ average daily wage” is understood the fixed wage which is stipulated
for a working day and any additional remuneration.
The daily wage shall serve as the base in determining the compensation for
temporary disability.
By “ average annual wage” shall be understood the sum of the daily wages
earned by the injured worker for the 12 months preceding the date on which
the accident occurred. If he had worked less than 12 months, the annual wage
shall be determined by multiplying the average daily wage which he received
by 300.
If the wage of the worker was variable or by the job, the daily wage shall
be determined by dividing the remuneration received during the time he was
in the service of the employer, if such time was less than one year, by a figure
equal to the number of days which the worker had worked in the industry or
enterprise.
The fixing of the wage which, in whole or in part, is not paid in money
shall be made by the judge of the case according to the circumstances under
which the work was performed and taking into consideration the value of the
same or other kind of services in the locality, and the rate of wages for workers
in the same occupation or trade, or in lieu thereof that of occupations or trades
similar to that in which the accident occurred.
A rt. 13. A daily wage shall never be considered to be less than 15 pesos, even
when applying to apprentices who receive no remuneration or workers who
receive less than this amount.
A rt. 14. Compensation for industrial accidents is not subject to attachment,
transfer, set-off, or waiver.
A rt . 15. A w orker injured in an accident which resulted in a disability shall
lose his right to continue receiving that part o f his wage granted to him by
the law from the day he leaves the country, and the heirs o f alien workers wiil
not receive any compensation if they did not reside in the country at the time
the accident took place. #
A rt. 16. The procedure to be followed in actions to which the application of
this law may give rise shall be that provided by the Code of Civil Procedure
for dilatory pleas, the parties in their respective complaints and answers being
required to give all facts in support of their claim which they believe they are
entitled to present, attaching all the documents and offering all the proofs on
which they base their claims.
A rt. 17. In addition to the action granted him against the employer or con
tractor, the injured worker or his representatives have the right to bring an
action under the Civil Code against a third party who has caused the accident,
to recover damages therefor. By “ third party” is understood one who is not
connected with the industrial operation, the employer and his workers or em
ployees being thus excluded from this classification. The compensation secured
from a third party in conformity with this provision exempts the employer
TE X T OF LAW S— PARAGUAY
1 55
from his liability for the part which the third party causing the accident is
obliged to pay. The action against a third party may be brought by the em
ployer at his own expense and in the name of the injured worker or his heirs,
if they have not brought it within 8 days after the accident occurred.
Art. 18. Action for payment of the compensation must be brought within
one year from the day of the accident. This provision does not apply to minors.
A rt. 19. In case a worker is incapacitated or dies as a result o f a disease
contracted while in the exercise o f his occupation or employment, he shall be
entitled to receive the compensation awarded by this law, under the follow ing
conditions :
(а) The disease must be due exclusively to the kind of work the injured
worker was doing during the year preceding the disability.
(б) Compensation shall not be paid, however, if it is proved that the worker
was suffering from such disease before entering the employment which he had
to give up.
(c)
The compensation must be claimed from the last employer for whom the
man worked during the said last year in the occupation in which the disease
originated, unless it is proved that the same was contracted while in the service
of other employers, in which case the latter shall be liable.
{d) If the disease, owing to its nature, could have been contracted gradually,
the employers in whose service the worker had been employed during the last
year on the kind of work which caused the disease shall be required to reim
burse proportionally to the last employer the compensation paid by him, the
porportion to be fixed by arbitrators if there is any controversy concerning it.
(e)
The worker shall be entitled to receive as the first payment 15 per cent
of the total amount of the compensation.
if) When the compensation amounts to less than 10,000 pesos it shall be
paid in a lump sum.
Art. 20. The Executive Authority shall specifically enumerate the occupa
tional diseases which are compensable.
Art. 21. In case of death or manifest permanent total or temporary total
disability of the worker, the employer is required to report the accident within
30 days of its occurrence, to the nearest judicial authority, before whom a
record shall be made stating the circumstances under which the accident oc
curred. Failure to comply with this provision shall be punished by a fine of
from 100 to 1,000 pesos.
A rt. 22. Any agreement contrary to the provisions o f this law shall be ab
solutely void.
Art. 23. When an accident occurs from a cause fo r which the employer is
not legally excusable, he is required to furnish free medical and pharmaceuti
cal attention to the injured worker until he is able to return to his work, dies,
or is declared permanently disabled, provided the worker accepts the medical
attention o f the physician designated by the employer.
Art. 24. The worker injured in an industrial accident, or his legal heirs,
shall be entitled to sue for compensation in forma pauperis.
Art. 25. The Federal Government and the municipalities shall be considered
as employers for the purposes of this law.
Art. 26. The Executive Authority shall issue the necessary regulations for
the enforcement of this law and other measures to prevent industrial acci
dents, and any safety and sanitary measures required, by the nature of the en
terprises covered by this law.
Enterprises shall be required to comply with said regulations, under penalty
of fines of from 100 to 5,000 pesos (legal currency) to be imposed by the Ex
ecutive Authority.
Art. 27. The Executive Authority shall issue the necessary regulations for
the enforcement of this law.
13494°—30------11
PERU
LAW NO. 1378 OF JANUARY 20, 1911
C h apter 1 .—General principles
A rticle 1. The employer is liable for all accidents occurring to his worker*
or employees in the performance of the work or as a direct consequence thereof.
A rt. 2. The liability established in the preceding article is applicable to the
follow ing industries:
(1) Production or transmission of electric, steam, or gas power, or any other
kind of mechanical energy.
(2) Electric or gas lighting systems.
(3) Installation, repair or removal of electric conductors or lightning rods.
(4 ) Installation, maintenance, and repair of telegraph and telephone lines.
(5) Naval construction and repairs.
(6) Construction, repair, maintenance, and operation of railroads, bridges,
and highways.
(7) Land, maritime, river, and lake transportation, provided it is by mechani
cal power.
(8) Agricultural operations using power other than man power, but only
with respect to the personnel exposed to the danger of the machinery.
(9) Dock loading and unloading operations, when employing mechanical
apparatus operate.d by power other than man power.
A rt. 3. In mining enterprises the obligation imposed by this law is appli
cable to—
(1) Metallurgical works, with their mines and connected workings.
(2) Reduction works, when employing motive power other than man power.
(3) Mines, salt works, quarries, coal beds, oil wells, borax deposits, saltpeter
works, guano deposits, and other similar substances, where the number of
workers employed is more than 35.
A rt. 4. The liabilities established in article 1 also apply to—
(а) Enterprises for the construction, repair, and demolition of buildings.
(б) Factories, workshops, and industrial establishments, where power other
than man power is used.
Art. 5. The provisions of this law bind the State, departmental boards,
municipal councils, public aid societies, and the public schools, as to all work
or construction which they carry on officially in the factories and establishments
or industries which they maintain, and on the same conditions as those fixed for
private enterprises. In all work or construction carried on by the State and
the other institutions cited above by contract, the contractor shall be solely
liable for accidents which occur, and consequently is required to pay the com
pensation established by this law.
A rt . 6. This law is applicable only to workers and employees whose annual
wages do not exceed 120 gold libras.22
Art. 7. If the annual wages exceed 120 libras the civil law shall apply,
but the workers and employees, their representatives or beneficiaries, may resort
to this law up to said amount, in which case it shall be understood that there
is an implied waiver of compensation for damages under the provisions of the
civil law.
Art. 8. Workers and employees have no other rights or actions in the matter
of compensation for accidents than those granted them by this law.
Art. 9. Claims for damages that are not covered by this law are subject to
the provisions of the civil law.
Art. 10. When an accident has occurred without negligence on the part of
the employer, the liability fixed by this law shall be a charge only on the
231 gold libra at p ar= $4.8 665 .
156
TEX T OF LAW S---- PERU
1 57
capital, property, and vested rights existing or arising from the work or
industry in which the accident took place.
Upon judicial decree of insolvency of the industry, the obligation of the
employer ends, this being proof of his nonliability.
A rt . 11. Actions fo r the fulfillment of the obligations imposed by this law
must be brought within one year from the date o f the accident; and actions
fo r abandonment o f such obligations must be brought a year from the last
judicial proceeding.
A rt. 12. All waivers o f the benefits o f this law, and in general any agreement
contrary to the provisions o f this law, shall be null and void.
Chapter 2.—Medical attention
Art. 13. Employers in any industry or work are required to give medical
attention and medicines in case of industrial accidents occurring to their
workers and employees, even if they have a smaller number of employees than
that fixed by this law and whatever may be the wages of the worker.
Said medical attention must be furnished immediately in any case of acci
dent, giving the injured the necessary treatment for the injury which can be
obtained in the place where the accident occurred, or in the nearest town,
provided it is not more than five leagues23 distant nor more than five hours by
train.
A rt. 14. The employer shall pay the expenses o f medical attention for the
injured worker, as specified in the preceding article, up to the time when the
doctor reports that he is in condition to work or classifies the case as one o f
permanent partial or permanent total disability.
Art. 15. The employer has the right to name the physician and designate
the drug store. The worker may choose the physician and drug store in case
the employer fails to exercise his privilege to do so, and the rates fixed by the
Executive Authority govern in such case. Nevertheless, the right bestowed by
this law on the employer to make the designation remains in force during the
period of treatment. Persons rendering medical and pharmaceutical services
have direct action against the employer.
Art. 16. Instead of giving medical care in the manner established in the
preceding article, the employer has the right to furnish said care, at his
expense, in a hospital, the treatment to be entirely free to the injured, provided
it is done with his consent and that of his family.
Art. 17. In case the necessary attention can not be given to the injured
worker in the place where the accident occurs, because of the lack of a
physician or a drug store, the employer shall have the injured person moved
at his expense, if his condition allows, to the nearest place where the treatment
can be given, provided the distance is not more than five leagues, nor more
than five hours by train from the place where the accident occurred.
Art. 18. The obligation of the employer as to the medical care and cure of
the worker is satisfied by paying the amount specified for such cases in the
schedule of rates to be fixed by the Executive Authority in conformity with
the provisions of chapter 3, dealing with compensation.
Art. 19. When the accident results in death, the employer is required to pay
the funeral expenses, paying a sum equivalent to two months’ wages o f the
deceased even if he earned more than 120 libras a year, and even in the excep
tional cases specified in article 13.
Chapter 3.—Classes of compensation
Art. 20. Workers and employees who are injured in the accidents to which
this law refers are entitled to receive compensation as follows: In case of
permanent total disability, a pension equivalent to 33 per cent of the employee’s
yearly wages; in case of permanent partial disability, a pension equal to 33
per cent of the difference between the wage earned prior to the accident and the
lower wage earned as a result of the accident; in case of temporary total dis
ability, an allowance while the injured workman is disabled equal to 33 per
cent of the wage he was earning at the time the accident occurred; in case of
temporary partial disability, compensation equal to 50 per cent of the difference
between the wage he was earning before the accident and the lower wage he
earns up to his complete recovery.
281 league= 2 .6 3 miles.
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The Executive Authority shall determine the rules for fixing the degrees of
disability.
A rt. 21. When the accident results in death, the employer, in addition to
paying the funeral expenses in the manner established by this law, is required
to pay compensation as follows:
To the surviving spouse if not separated from her husband because of her
own misconduct, a life pension equivalent to 11 per cent of the annual wage.
Second marriages, concubinage, or proved illicit relations are sufficient cause
for forfeiture of the pension.
Without prejudice to the rights of the surviving spouse, the children, whether
legitimate or acknowledged illegitimate, until they reach the age of 16 years,
and if they are unable to work due to physical or moral incapacity, shall be
entitled to compensation in the form of a pension equal to 22 per cent of the
annual wage, which shall be divided equally among them.
In the absence of children, the descendants who were wholly dependent on
the deceased shall have the same rights.
In the absence of a surviving spouse, children or other descendants, each of
the ascendants who were dependent on the deceased for support shall receive a
pension equal to 15 per cent of the annual wage. If there are more than two
ascendants, a pension equal to 30 per cent of the annual wage shall be divided
equally among them.
A rt. 22. In the absence of a spouse, her share shall be added to the chil
dren’s compensation.
A rt. 23. Those eligible to compensation shall lose their right to receive the
same if it is proved that they intentionally caused the accident.
A rt . 24. Compensation payments shall be made monthly at the domicile
o f the employer.
A rt. 25. For the computation of compensation, by “ annual wage ” shall be
understood the sum of the wages that the injured employee earned in the
employ of the business during the last 12 months.
If he had worked only part of this time, the annual wage is the product
obtained by multiplying by 300 days the daily wage earned by the injured
employee at the time of the accident, excluding all extra wages and overtime
pay. ‘
A rt . 26. The wage taken as a basis for computing compensation shall not
be less than the minimum fixed by the Executive Authority in the various
districts of the Republic for the sole purpose of paying compensation.
The same basis shall be taken for the payment of compensation to apprentices
and beginners who receive no remuneration, when injured in accidents.
A rt . 27. The compensation shall be increased 50 per cent i f the accident was
the result of lack o f the safety devices specified in the regulations issued by
the Executive Authority.
A rt . 28. If the accident results from an inexcusable act of the injured worker,
the compensation shall be proportionally reduced, at the discretion of the
judge, but it can not be less than the compensation obtained by taking as a
base the minimum wage fixed by the Executive Authority.
A rt. 29. If the accident results from an inexcusable act of the employer or
his representatives and employees, the compensation shall be increased at the
discretion of the court, but it must not exceed the total annual wage.
A rt . 30. In addition to the preceding compensation, the injured worker
or his beneficiaries shall have the right to indemnity for all damages when the
accident results from an illegal act of the employer. This action shall be
brought in the courts of the Republic, subject to the provisions of the civil
law.
A r t . 31. When the industrial accident has resulted in mutilation, the em
ployer, in addition to the compensation already granted, must provide the
worker, at the time and in the manner prescribed by the physician, with the
necessary prosthetic apparatus, manufactured in Europe or North America.
A rt. 32. The injured employee, or his beneficiaries, may claim from any third
party who may have caused the accident the damages resulting, in accordance
with the provisions o f the civil law, and the sum so obtained shall extin
guish or proportionally reduce the liability o f the employer.
A rt . 33. If the injured employee or his beneficiaries do not exercise their right
to bring the action mentioned above within the period of one year, the employer
has the right to bring an action against the person responsible for the accident
and to recover the amount of the compensation for himself.
TEX T OF LAW S— PERU
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A rt . 34. The employer has the right to pay into the Bank o f Deposits an
amount corresponding to two years’ wages, and so discharge his obligation to
pay the pension. Said amount, in said bank, together with the legal interest,
shall be subject to the order of the injured employee or his beneficiaries having
a right to the pension thus extinguished.
A rt. 35. Compensation is not subject to tran sfer; neither shall it be subject
to attachment, with the exception o f one-third o f the amount fo r maintenance.
C h ap ter 4 .—Reporting of accidents, and judicial proceedings
Art. 36. Within three days from the happening of the accident resulting
in the death or disability of the employee, the employer or his representative
shall make a report of the same to the highest civil authority of the place,
who shall acknowledge receipt of the notification.
A rt. 37. If the accident occurs in the maritime industries, the report shall
be made to the harbor master. When it occurs at sea, the period allowed for
making the report shall run from the time the ship makes its first stop in a
national port.
A rt. 38. The report shall contain the name and address of the enterprise;
the name and address of the employer and of the injured employee; the date,
the hour, and the nature of, and all the circumstances surrounding, the acci
dent ; the character of the injuries; the names and addresses of the witnesses;
the name of the insurance company and the amount of the policy if the injured
was insured, and the medical certificate, if any, or in the absence thereof, the
certificate of an empiric, which shall state, as nearly as possible, the time in
which the final result of the injuries may be known.
A rt. 39. The report may be made also by the injured, by his representatives,
or by his beneficiaries, within the period of one year from the happening of
the accident.
A rt. 40. The civil or maritime authority shall immediately notify the judge
of the court of first instance residing in the place of the accident, if any, or
if there is none the justice of the peace of the district.
A rt. 41. If the injury has resulted or may result in death or disability, the
judge of the court of first instance, or the justice of the peace, as the case
may be, shall make an official investigation, after summoning the parties, as t o :
The cause, the nature, and the circumstances of the accident; the full name of
the injured worker, his address, and the place and date of his birth; the name
and address of the employer and of the enterprise; the character of the in
juries; the names, birthplace, age, and address of the persons specified in
article 21; the annual wage and the wage the injured employee was earning
at the time of the accident.
A rt. 42. The foregoing procedure is not necessary when, the character of
the disability being temporary, the injured workman does not bring action
and it is stated in the official report that the employer agrees to pay the
compensation therefor.
A rt. 43. The employer or the worker may, when he thinks it justifiable,
request the judge of the court of first instance or the justice of the peace, as
the case may be, to make the investigation referred to in article 41 of this
law, in order to determine the degree of liability of the former, the nature
and degree of disability in accordance with the regulation as to disability to
be issued by the Executive Authority, and the compensation that in conse
quence is due the injured worker.
A rt . 44. On petition of the party, the judge shall name physicians and tech
nical experts to ascertain the facts of the case.
A rt. 45. On the opening of the case, the judge, after summoning the parties,
shall make the investigation to which article 41 refers, which must be con
cluded within the period of 10 days, without extension of time.
A rt. 46. After the judicial inquiry, if the parties have not arrived at an
agreement, the judge shall order their appearance in court, and having heard
their oral statements, or, upon their failure to appear in court, the decision
shall be pronounced within three days by the judge of the court of first
instance, to whom the case shall be referred by the justice of the peace.
A rt. 47. If, on appearance in court or within two days thereafter, one of
the parties requests the reception of evidence in the case, the judge shall grant
a nonextensible period of 10 business days, at the end of which he shall pro
nounce his decision.
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A rt. 48. For the purposes o f article 46, the judge shall hear the case at the
place where the injured is receiving medical care i f he is unable to appear in
court.
Art. 49. In these trials previous pleas are absolutely prohibited.
Workers and employees in the factories and enterprises are qualified to
act as witnesses.
Art. 50. The decision is appealable within three days.
Art. 51. If the decision is for temporary compensation or for funeral and
medical expenses, its execution shall be ordered notwithstanding an appeal.
Art. 52. The superior court may order the extension or amendment of the
investigations made under article 41, even if the parties do not so petition.
Art. 53. The superior court shall decide the appeal within 10 days according
to its merits, the parties having the right to present their pleas orally or in
writing.
A rt. 54. I f accidents happen in mines, metallurgical works, or reduction
works, a mining commission or committee shall act in place o f the judge
o f the court o f first instance. Justices o f the peace must send to them the
proceedings in the cases prescribed by this law.
Art. 55. In every case extraordinary appeal may be made on the ground
of nullity within three days after notice of the decision of the appellate court.
Upon receipt of the proceedings by the Supreme Court, it shall decide the case
without other proceeding than the opinion of the Attorney General, the parties
having the right to present their pleas orally or in writing.
Art. 56. The sentence having been imposed, a writ of execution and fine,
as provided by article 1197 of the Code of Civil Procedure, may be requested.
Art. 57. The injured employee and his beneficiaries shall be entitled to the
benefits of insolvency, no judicial declaration being necessary.
A rt. 58. In such cases the use o f stamped paper and the signature o f a
lawyer are not required.
A r t . 59. No compromises or waivers in suits over rights to compensation or
over the amount of the same shall be valid until approved by the judge.
A rt. 60. The right to continue receiving compensation expires three years
after the date on which compensation payments stopped.
A rt. 61. Any one o f the parties may, within the period o f three years, demand
the revision o f the decision as to compensation or the settlement agreed upon.
The demand must be based on the death o f the injured worker as a result o f
the accident, or on a modification having taken place in the degree o f disability,
fo r which purposes the decision shall not be considered as final.
Art. 62. The appeal for revision shall be presented at the first session of
the Supreme Court.
The court shall request the Attorney General for an opinion, and upon
hearing the oral or written pleas of the parties shall grant or deny the
revision.
The court, before giving a decision, may if it sees fit ask for the proceedings
of the case in which a revision is sought.
Art. 63. If the revision is granted, the case shall be remanded to the judge
who had original jurisdiction of the case, in order that he may render a new
decision, following the procedure established by this law.
Art. 64. There shall be no appeal from the decision of the Supreme Court
granting or denying a revision.
Art. 65. At any stage of the trial, and on oral petition by the injured worker
or any one of the beneficiaries, the judge may grant a provisional distribution
which shall be carried out notwithstanding any appeal. These provisional
grants shall not exceed one-half of those fixed by the law for each degree of
disability, the disability being considered, in case of doubt and for the purpose
of the provisional grant, as temporary disability.
Art. 66. Contracts on a contingent basis made by the injured worker or his
beneficiaries shall be null and void.
Chapter 5.—Insurance
Art. 67. The employer may satisfy his liability to pay compensation under
this law by individual or collective insurance of his workers and employees
against industrial accidents, in an insurance company which is duly organized
under the rules of the Code of Commerce and accepted for this purpose by the
Executive Authority, the employer paying the costs, without any reduction in
the pay of his employees, and provided that the amount the injured worker is
TE X T OF LAW S---- PERU
161
to receive shall not be less than that to which he is entitled under the pro
visions of this law.
A rt. 68. The Executive Authority shall organize an [a national] insurance
company, guaranteeing said company 8 per cent interest on a capital o f 20,000
libras, to be invested exclusively in industrial accident insurance.
A rt. 69. The insurance company that is organized with the guaranty referred
to in the preceding article shall not refuse any insurance solicited by employers
for their employees, or directly by the employees themselves.
Art. 70. The State shall revise and approve the rates of the insurance com
pany guaranteed by it.
Art. 71. The constitution and by-laws of industrial accident insurance com
panies, those of departments of similar character in companies insuring other
risks, the policies, and all documents issued by them are exempt from the
payment of all departmental and municipal taxes and fiscal charges.
Art. 72. Accident insurance policies issued under this law are not transferable
nor shall they be given as security or be the subject of attachment.
A rt. 73. Accident insurance policies may be drawn in fav or o f the injured
worker or his beneficiaries, or in fav or o f the employer who has taken out the
insurance.
Art. 74. The injured employee has a direct action against the insurance
company which issued the collective insurance.
Art. 75. The employer is forbidden to pay the premiums with deductions
from the wages, directly or indirectly, of the workers and employees who on
their own account contract for the insurance established by this law.
Art. 76. Life insurance and accident insurance carried by the workmen and
employees on their own account or by third persons in their favor shall not
exempt the employer from the obligation of paying the compensation required
of him.
Chapter 6.— Guaranties
A rt. 77. The claims of the injured worker or his beneficiaries for medical or
pharmaceutical attention, funeral expenses, and temporary compensation estab
lished by this law, shall enjoy the preference granted to credits covered by
article 1009 of the Code of Civil Procedure.
Art. 78. In case of bankruptcy or insolvency, the judge shall order the imme
diate payment of all pensions due and the deposit in the Bank of Deposits of
the capital indicated in article 34.
Art. 79. Voluntary settlements shall be null and void if the employer does
not pay the compensation awarded in the manner provided by this law.
Art. 80. In case there is a transfer o f ownership o f the enterprise, the new
employer shall assume the liability for compensation fo r which the said business
is liable.
A rt. 81. The employer who does not pay compensation punctually must de
posit the capital representing the value o f the pensions in accordance with
this law.
Chapter 7.—Fines
Art. 82. The first civil or maritime authority who receives notice of the
accidents referred to in this law shall impose a fine of from 1 to 5 libras
on employers for violation of articles 36 and 37.
LAW NO. 2290 OF OCTOBER 20, 1916
Article 1. The compensation provided for in article 20 shall be effective
from the date of the accident.
Art. 2. In addition to the cases specified in article 25, when by custom or
under the terms of a contract the workers or employees receive their remuner
ation by the month and not by the day, the annual wage shall be understood
to be the product obtained by multiplying the monthly wage by 12.
Art. 3. If, notwithstanding failure to report the accident, the employer pays
extrajudicial compensation or as a compensatory pretext gives employment to
the injured worker or his beneficiaries, the terms of articles 11 and 39 shall
begin to run from the day the payment of the same stops or from the day of the
employee’s dismissal.
Art. 4. Workers injured in accidents occuring on railroads or on shipboard,
or their representatives or beneficiaries, may petition the civil or maritime
authority to send the report required in articles 36, 39, and 40 to that judge
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of the court of first Instance among all the judges of the Provinces through
which the railroad line runs, or the ports where the ships make stops, or of
Lima or Callao, who is suggested.
Art. 5. The injured worker or his representative or beneficiaries may report
railroad accidents to the civil authority of any of the Provinces through which
the railroad line runs or of Lima or Callao; and in maritime accidents the
harbor master of any port of call or of Callao, may be notified.
Art . 6. Among the matters subject to judicial vacation considered in the
organic law on the ju dicial power, are to be included the proceedings and the
judgment as to compensation o f industrial accidents.
Art. 7. If the judge of the court of first instance does not conclude the
investigation in the period of time provided in article 45, he shall issue a writ
stating the causes of the delay and fixing another period of three days within
which to conclude it. If at the expiration of this period the judge has not
finished the investigation, it shall constitute a cause for challenging him.
Art. 8. Physicians who within the period of three days have not complied
with judicial orders to examine the injured worker shall be immediately re
placed. If they are licensed physicians or connected with the police department,
the judge shall impose a fine of from 2 to 10 libras (gold).
A rt. 9. The judge
when he refuses to
w as negligent.
A rt . 10. The fine
when the enterprises
shall order the employer to pay the costs o f the action
pay the compensation, alleging that the injured person
specified in article 82 shall be increased to 20 libras
repeatedly fa il to report accidents.
DECREE OF JULY 4, 1913
Degrees of disability
A rticle 1. The following injuries shall be considered as permanent total
disability:
(a) The total loss or the loss of the essential parts of both arms or both
legs. For the purposes of this provision, the hand and the foot are essential
parts of the extremities or members of the human body.
(&) Permanent injury to the locomotive system which causes total loss of
function of the members, equivalent to the mutilation thereof to which the
preceding section refers.
(c) Loss of sight with or without destruction of the eyeball, whether the
injury is in both eyes or in one only when the other has been lost before the
accident.
(d) Incurable insanity.
(e) Incurable injuries to the nerve centers (brain and spinal cord) and to
the respiratory or circulatory system, caused by the mechanical action of
industrial machines or elements.
A rt. 2. Disability due to the following injuries shall be considered perma
nent partial disability:
(a) The total loss or the loss of the essential parts of an arm and a leg
whenever prosthetic apparatus permits, even in part, the functioning of the
leg. As in the preceding case, the hand and the foot, respectively, iare
essential parts of these members of the human body.
(&) Loss of the right arm or of its essential parts, which are the hand and
the fingers, totally or partially, even when the thumb remains or when only
the thumb is removed.
(c) Loss of the left arm or its essential parts, which in this case are the
hand or all the fingers.
(d) Total loss of one of the legs or loss of the essential parts thereof, the
foot or the part of the foot which is necessary for standing or walking consti
tuting such in this particular case.
(e) Affections of the nervous system, whether central or peripheral, causing
loss of function of one of the legs equivalent to its total destruction.
( f ) Total deafness.
(g) Loss of sight in one eye, with or without noticeable diminution of sight
in the other.
( h) Single or double hernia in any part of the abdomen or in the inguinocrural region.
A rt . 3. Total disability of the injured worker for all work for a period not
exceeding three years shall be considered temporary total disability; and its
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degree shall be determined from the medical certificate, in which the attending
physician declares—
(a) Whether, after the healing, there is or is not a disability;
(&) Whether a more or less extended period of time for observation of the
performance of certain functions is needed, in order to give a definite decision
subject to the revision stipulated in article 60 of the law; and
(c)
Whether the existing disability is purely functional or organic; that is to
say, temporary or permanent.
A bt. 4. Temporary partial disability shall be determined from the report of
the attending physician.
A bt. 5. The worker receiving medical treatment as the result of an indus
trial accident not only is entitled to have his treatment paid for, but also to
receive while in such condition the allowance specified in article 20 of the
law for temporary total disability.
DECREE OF JULY 4, 1913
Basic minimum wage
A rticle 1. Compensation for industrial accidents shall be computed, for the
sole purpose of its payment, on the basis of a minimum wage of 1 silver sol24
for the agricultural and mining industries and 1 sol 20 centavos for the facto
ries in the coastal Provinces; 40 centavos in the factories and 80 centavos in
the mining and manufacturing industries in the Sierra district; and 1 sol 50
centavos in any of the three industries in the Montana district.25
Art. 2. The amounts specified in the preceding article are simple units
of calculation for the payment of compensation in cases where the injured work
ers are apprentices or workers who receive smaller salaries than those given here;
they can not be considered, under any circumstances, as compulsory minimum
wages in any district of the Republic.
DECREE OF JULY 4, 1913
Workers1 imuranoe
A r t ic l e 1. Industrial accident insurance companies which are organized in
Peru, when constituted in accordance with the Civil Code and registered in
the Commercial Record, shall apply for registration in the record to be kept
for that purpose in the industrial division of the Ministry of Public Works
(Ministerio de Fomento).
Art. 2. The application shall contain the business address of the com
pany, the paid-up capital to the date of the petition, and the name of the man
ager, and shall be attested and accompanied by an authentic copy of the regis
tration in the Commercial Record, and all documents which must be filed in
the industrial division.
A rt. 3. When the company is a foreign company, the documents mentioned
in the preceding article and the powers of the applicant shall be duly authenti
cated ; and said applicant must state the name of its legal representative and
its headquarters in the territory of the Republic.
Abt. 4. No industrial accident insurance company shall be registered in
the Department of Public Works nor authorized to function in the territory
of the Republic until it has furnished security in the following amounts: (a)
Domestic companies on a fixed-premium basis, 10,000 libras; (6) foreign com
panies on a fixed-premium basis, 20,000 libras; (c) employers* mutual compa
nies, 10,000 libras; ( d) workmen’s mutual companies, 5,000 libras.
A rt. 5. The agencies o f foreign companies, as well as insurance companies
covering other classes o f risks which establish special divisions for accident
insurance, shall also be required to furnish the security applying thereto.
Art. 6. The security may consist of Government bonds, municipal bonds,
bank securities, or real estate or mortgages on the same, provided they are
located within the national territory.
241 silver sol = 48.7 cents ; 1 centavo = 0.487 cent.
28 Peru Is divided longitudinally into 3 sharply contrasting r e g ion s: The Coastal zone,
50 to 100 miles wide by 1,400 miles lo n g ; the Sierra, a lofty plateau inclosed by the
Cordillera Real and the Cordillera O cciden tal; and the Montana, or eastern region
comprising the eastern mountain slopes and the equatorial plains— torrid regions o f heavy
rainfall. These divisions, although not politically significant., have im portant economic
and social differences.
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COM PENSATIO N LEGISLATION
Aar. 7. If the security consists of real estate, the deed thereto must be pre
sented, and also a certificate from the Office of the Recorder of Deeds (Registro
de Propiedad ImmueMe) in which is stated the name under which the property
has been recorded, and if it is free from mortgages, leases, and other
encumbrances.
Art. 8. If the security consists of urban property, proof shall also be offered
each year that it is fully insured against fire.
Art. 9. When the security consists of negotiable paper, it shall be accepted at
the market price, allowing a reduction of 20 per cent for a decline in the market
value, and with the understanding that when the decline exceeds this limit
the depositor shall increase his security or make up the 20 per cent already
mentioned.
Art. 10. Foreign companies shall not be authorized to do business in the
country, even when they give the required security, unless they first make
a legal declaration that they will invest their available reserves each year in
real property within the national territory.
Art. 11. Domestic and foreign companies alike shall declare their express
acceptance of the legal provisions in force relating to industrial accidents,
especially as to cases of accident, form ajid amount of compensation, and
insurance benefits.
Art. 12. If the company engages in other operations, whether insurance or
not, it must keep separate its industrial accident insurance operations in order
that the reserves for such insurance may remain entirely independent of the
others which form part of the enterprise.
Art. 13. Industrial accident insurance companies, or those which establish
branches for this kind of insurance, must also present to the Department of
Public Works the following documents:
(а) The constitution and by-laws.
(б) A detailed statement of the rates of compensation and of pensions, and
the capital from which they are to be paid.
(c) The premium rates charged by the company.
(d) The rules adopted for the formation of the reserve.
(e) Copies of the policies to be issued for the various classes of industrial
accident insurance.
Art. 14. Mutual companies legally constituted in the manner established in
article 1 shall have as their sole object the apportionment among the mem
bers of the equivalent of the damages suffered by one or more of them, without
participating directly or indirectly in the benefits.
Art. 15. Mutual companies shall be formed only when 20 or more enterprises
of the same kind of industry or engaged in similar work concur, and also there
must be insured a minimum number of 1,000 employees in the same class of
occupations or of similar work.
Art. 16. For the purposes of the preceding article the following shall be
considered as related or similar occupations:
(a) Chauffeurs, coachmen, and wagoners.
(&) Subordinate employees, nurses, cooks, domestic servants, and hotel
waiters.
(c) Bakers, cracker makers, spaghetti makers, millers, oven men, chocolate
makers, and confectioners.
(d) Carpenters and joiners, wood and stone carvers, turners, coopers, car
riage makers, stage hands.
( e) Bricklayers, stucco plasterers, stonemasons, stonecutters, marble workers,
potters, brickmakers.
(f) Miners.
(g) Brewers and soft-drink workers.
(h) Bookbinders, typographers, linotype operators, compositors, and pho
tographers.
(i) Weavers and spinners.
(/) Cigar makers and packers.
(I) Smelters and boilermakers, engineers and firemen, mechanics and black
smiths, locksmiths and gunsmiths, plumbers, gas fitters and tinsmiths, elec
tricians and telephone operators, workers in gas works, motormen, and nickel,
gold, and silver platers.
(m) Dyers and laundrymen, tanners, harness makers, and hat makers and
braiders.
in) Gardeners, floriculturists, horticulturists, dairymen, milkers, muleteers,
and general laborers.
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(o) Jewelers, silversmiths, watchmakers, and engravers.
(p) Horseshoers and veterinarians.
(q) Soap makers, candle makers, wax chandlers, and workers in oil works.
(r) Painters, paper hangers, decorators, upholsterers, varnishers, mirror
silverers, and glaziers.
(s) Butchers.
(t) Tailors, cutters, dressmakers, and seamstresses.
(u) Shoemakers, cutters, and closers.
Art. 17. In case a mutual company is formed by employees, the number of
members must not be less than 100, and the number of insured not less than
5,000.
Art. 18. In the constitution of mutual associations, collective liability of the
members shall be established, which shall not be extinguished until the obliga
tions assumed have been liquidated.
Art. 19. When applying for the registration and authorization referred to in
article 1, a mutual association shall attach all the documents relating to its
organization, and must do the same whenever it alters or modifies its constitu
tion, its original capital, or any of the conditions of its original organization.
Art. 20. The rates of such companies shall not be lower than the minimum
rates that the Executive Power approves for the national company to be
organized under article 67 of the law.
Art. 21. The companies shall present semiannually to the Ministry of Public
Works a balance sheet of their operations, showing especially the reserves
set aside for industrial accident insurance; and they shall also present semi
annually a statement showing how the assets have been invested and specifying
the value of the same; the earnings produced by the insurance, separately for
individual and for collective insurance, direct insurance and reinsurance; the
payment of reinsurance premiums; the number of policies issued, canceled,
lapsed, or terminated by the terms of the contract or by paid claims, as well
as the amount of the capital, wages, annuities, and pensions insured, separately
for individual and collective insurance, for risks reassumed and for reinsur
ance; the status of the accident claims presented, those tried judicially, and
those satisfied, their amount, separately for those due to death, total dis
ability (permanent or temporary), and partial disability (permanent or tem
porary) ; and lastly all information in regard to industrial accident insurance
that they may deem useful.
A rt. 22. These balance sheets and detailed reports shall be published in El
Peruano and the daily newspapers having the largest circulation. The Ministry
of Public Works may, if it considers it advisable, order a check or verification
of the reports of the companies.
A rt. 23. The insurance policies covering the employer’s liability under the
industrial accident law and its regulations shall observe strictly the existing
provisions on this subject, especially in the determination of the liability,
whether referring separately or jointly to medical attention, to compensation,
or to civil liability, and in cases of accident, the form of insurance, amount of
compensation, and the beneficiaries.
A rt. 24. The documents mentioned in article 21 shall have the company
name or other distinguishing mark on each page and the last one signed and
sealed by the manager. There must be included with each original a copy,
which shall be returned to the company with a notation that it conforms to
the original, the latter remaining on file in its proper file.
A rt. 25. All the policies shall have printed on the back a summary or
extract o f the industrial accident insurance law and regulations, and such
policies must state therein all the general conditions o f the contract—
whether it is partial or total, if it covers medical services, compensation from
the day o f the accident for disability or fo r death; as well as special con
ditions which explain in detail the employer’s liabilities which the company
assumes.
Art. 26. The contract shall expressly state the place in which the first pre
miums must be paid and the compensation paid. Even if the legal domicile
of the company is different, the judge of the place stated in the contract shall
have jurisdiction to try any cases which may arise between the company, the
employer, and the employee.
Art. 27. Whether the insurance is individual or collective, the insurance
premium, which shall also be fixed in the policy, shall be computed on the wages
of the insured employees, but it must never be less than the minimum wage
fixed by a decree of this same date.
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Abt. 28. There shall also be expressed in the policy the time when and place
where the premium must be paid, as well as the effects of the failure to pay,
in whole or in part, the stipulated amounts.
Art. 29. The employer shall be required to give notice to the insurance com
pany of any changes or innovations which he makes in his workshops, even
when there is no express agreement so to do, and shall be especially careful
to comply with this provision when these changes and innovations consist of
change of location or of mechanism of any kind.
Art. 30. The employer shall also be required to inform the insurance com
pany as soon as possible of any accident and all the circumstances relating to
such accident and to the person of the injured employee, as well as the prog
ress of the disability, if the insurance company is not in charge of the
medical attendance.
Art. 31. The insurance company shall have authority to investigate the ac
cident through an inspection of the place where the accident occurred and a
study of the machinery of the workshops or industries.
Art. 32. In case of transfer of the ownership of the industry, where there
is no record to the contrary, insurance covering the employees who work therein
shall continue in force.
DECREE OF JULY 11, 1914
Industrial accident statistics
Article 1. When an industrial accident occurs in any place in the Republic,
the person in charge of the work in which the said accident happens shall
immediately notify the nearest civil and judicial authorities, stating the full
name, occupation, and residence of every person injured in the accident and the
circumstances surrounding the same.
Art. 2. The civil and judicial authorities shall, without delay, prescribe the
measures in the case for ascertaining the facts, in order that the articles of the
law pertaining thereto and other provisions in force may be duly complied
with, and shall not fail to send first a telegraphic summary report and after
wards a detailed report by mail within the following 48 hours to the Ministry of
Public Works, stating the accident, its origin, the name and residence of the
injured persons, nature of the injuries, and all the data which may be pertinent
or which it may be deemed necessary to add.
Art. 3. The same authorities shall also send a report to the Ministry of Public
Works, within 30 days after the occurrence of the accident, of the way in
wiiich the law has been applied in each case, and of the compensation or
damages granted to the injured persons.
Art. 4. Without prejudice to the preceding, and when the accident occurred
in mining operations, the mining commissioners, or whoever exercises their
functions, shall also be required to comply with the provisions of articles 2
and 3 of this decree.
Art. 5. With the data supplied by the officials referred to In article 1 and
subject to change according to the later reports made under articles 2 and
3, a register of industrial accidents shall be kept in the industrial division of
the Ministry of Public Works, and the compilation of such statistics shall
begin on the day of this decree.
Art. 6. The Ministry of Public Works shall have charge of the enforcement
of these provisions and those of the industrial accident law which concern the
department.
SALVADOR
D E C R E E O F M A Y 11, 1911
Article 1. For the purposes of this law, by “ industrial accident” shall be
understood the bodily injury suffered by the worker arising out of or in the
course of the work which he performs for another in consideration of an agreed
wage or remuneration by the job.
Any injury suffered by the worker as a result of the direct or immediate
handling of poisonous substances shall also be covered by this article.
A rt . 2. By “ employer ” is understood an individual, company, or corporation
who is owner of the work, enterprise, or industry where the work is performed.
A rt . 3. All persons who regularly perform manual labor outside of their
homes for other persons, with or without remuneration, for a fixed wage or
remuneration by the job, under an oral or written agreement, shall be con
sidered workers.
Apprentices and commercial employees shall be covered by this provision.
A rt. 4. When it is necessary to determine a wage which the worker does not
receive in cash, whether it be in kind, service, lodging, or any other form, said
remuneration shall be computed by taking the average value which said remu
neration has in the community.
If the service was contracted by the job, the wages shall be determined
estimating conservatively the average wages received by the same class
workers as the injured party in the same kind of work, or, in its absence,
work which is considered the most similar. The wage shall never be fixed
less than 50 cen tavosp er working day.
by
ot
in
at
Limit of liability
A r t . 5. The employer is liable for accidents happening to his workers in the
course of or arising out of the occupation or work which they perform, unless
the accident is due to force majeure or to a fortuitous event not connected with
the nature of the work in which the accident occurs, or unless it is due to
marked carelessness or grave imprudence on the part of the injured worker.
Industries and occupations covered by this law
A rt. 6 (as amended by Decree of July 8 , 1916). The industries or occupations
which give rise to liability of the employer are:
(a) Mining enterprises o f any kind.
(b) Enterprises producing, or employing industrially, explosive, inflammable,
noxious, or poisonous materials.
(e) Transportation by land by means o f automobiles, railroads, and street
railways.
(d) Maritime and inland water transportation.
(e) Firemen.
if) Establishments producing and distributing electricity.
iff) Factories, workshops, and industrial enterprises using power other than
man power.
(h) Metallurgical factories and workshops, and construction work and ship
building.
(i) Construction, repair, and maintenance of buildings, including masonry
work and other related work, such as carpentry, locksmithing, stonecutting,
painting, etc.
(j) Agricultural and forestry work in which mechanical power is used.
In this work the liability of the employer shall exist only with respect to the
personnel exposed to the danger of the machines.
(1c) Cleaning of streets, wells, and sewers.
(I) Warehouses and wholesale depots for coal, wood, and building materials.
(m) All the personnel engaged in the work of loading and unloading.
*•1 colon at par = 5 0 cen ts; 1 centavo at p a r= 0 .5 eent.
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Compensation
A bt . 7. W orkers shall be entitled to compensation for the accidents specified
in article 5 which result in total or partial, temporary or permanent disability
in the manner and amount established in the follow ing provision s:
1. If the accident results in temporary disability, the employer shall pay
to the injured worker, compensation equal to one-half of his daily wage, from
the day on which the accident occurrred to the day when he is able to return
to work.
If one year elapses and the disability has not terminated, the compensation
shall be governed by the provisions relating to permanent disability.
2. If the accident results in permanent total disability for all work, the
employer shall pay the injured worker compensation equal to two years’ wages,
including holidays; but in case the disability is only for his usual work and
does not prevent the worker from performing another kind of work, he shall
receive only 18 months’ wages.
3. If the accident results in partial disability, though permanent for the
occupation or kind of work in which the worker was employed, the employer
shall be required to employ the worker in work which he is able to do, for at
least one year, at not less than equal remuneration, at the election of the
worker.
The employer shall also be required to furnish medical and pharmaceutical
attention to the worker until he is able to return to work, or until by a physi
cian’s report he is declared to come under one of the cases of disability
described in paragraphs 2 and 3 of this article and does not require the attention
referred to, which attention shall be given under the direction of physicians
chosen by the employer.
The compensation for permanent disability described in paragraphs 2 and 3
shall be separate from that determined in paragraph 1 in the case of temporary
disability.
The wage referred to in this article shall be understood to be that which the
worker was receiving at the time of the accident, without prejudice to the
provision in the last paragraph in article 4.
Art. 8. If the accident results in the death of the worker, the employer is
required to pay the funeral expenses, which shall not exceed 40 pesos, and in
addition he shall compensate the widow, the descendants, legitimate or natural,
as the case may be, who are under 16 years of age, and also the legal ascendants,
in the manner expressed below:
1. With an amount equal to two years’ wages the deceased was receiving,
when he leaves a widow and children, or orphan grandchildren who were under
his care.
2. With an amount equal to two years’ wages, if he leaves only legitimate
or natural children, as the ease may be, or only legitimate grandchildren.
3. With one year’s wages to the widow without children or other descendants
of the deceased.
4. With 10 months’ wages to the parents and grandparents of the deceased
who leaves neither widow nor descendants, if they are over 60 years of age and
needy, or even under 60 years of age if they are unable to work. If there is
only one ascendant, the compensation shall be equal to 7 months’ wages.
The average wages of the worker shall be taken as the base in determining the
compensation.
Computation of compensation
Art. 9. In the computation of the compensation established by this law, by
“ wages ” shall be understood that which the worker receives in cash or in any
other form, not counting holidays such as Sundays and other days designated
by the law as holidays.
The daily wage shall never be considered to be less than 50 centavos, silver,
even when relating to apprentices who receive no remuneration or workers who
receive less than that amount.
Workmen’s insurance
A rt. 10. Employers may satisfy the obligations imposed upon them by articles
7, 8, and 9, or by any o f said articles, by insuring at their own expense, their
workers against the risks specified in either or all o f said articles, w ith an
TEX T OF LAW S— SALVADOR
1 69
insurance company which is duly organized and licensed by la w ; but always on
the condition that the compensation which the worker receives shall not be less
than that provided under the terms o f this law.
The insurance company must be satisfactory to the insured worker.
The insurance in favor o f the worker does not exempt the employer from the
obligation o f paying the compensation in case o f accident if the insurance
company does not pay the same within 30 days follow ing the accident.
The above does not prevent the worker or his heirs from personally bringing
suit against the insurance company.
The insurance policy or a copy of the same must be given to the worker.
Competency and manner of procedure
A rt. 11. As soon as he has notice o f an accident o f the kind mentioned in this
law, the mayor o f the town, or if there is none, any one o f the justices o f the
peace o f the place, shall go to the place o f the accident and make a personal
investigation, as thorough as possible, in order to ascertain the circumstances,
causes, and results o f the accident, making a statement o f the facts in a record
which shall be signed by himself, the secretary, and two witnesses who were
present at the investigation.
He shall also see that the injured worker is examined and given the required
medical attention by two physicians, or i f such are not available by tw o prac
titioners, who shall report the nature o f the injuries and their probable
consequences.
I f there is no m ayor nor justice o f the peace in the place to make the investi
gation provided for in the preceding paragraph, it shall be done by whatever
other administrative authority is found nearest the place.
The aforesaid reports o f investigation shall be kept in the files o f the office
which made said investigation, for legal purposes.
A rt. 12. The judge o f the civil court o f first instance where the accident
occurred shall be competent to hear claims fo r compensation arising from
industrial accidents, whatever may be the domicile o f the parties and the
amount claimed.
A rt. 13. The judge shall proceed orally in the manner established in chapter
5, part 1, volume 2, of the Code of Civil Procedure.
From the decision of the judge the appeals allowed by said code shall be
granted.
A rt. 14. For the final judgment, the judge shall take into consideration the
reports o f the investigation made under the provisions o f article 11, for which
purpose attested copies o f the same shall be presented. These reports shall
constitute fu ll proof o f the facts therein stated, unless disapproved.
A rt. 15. The worker or his heirs may use ordinary paper in the case, but
the defendant, if the judgment is against him, shall substitute therefor prop
erly stamped paper.
Time Umit for actions
A rt . 16. Actions for enforcement of the provisions of this law must be brought
within two years from the date of the accident. This time limit may be
interrupted for the same causes as those recognized by the Civil Code for
interruptions.
If, in accordance with the follow ing article, criminal proceedings have been
started, the time limit shall begin from the date o f acquittal or stay o f pro
ceedings in favor o f the defendant.
Criminal accidents
A rt. 17. I f the industrial accident is the result o f a crim inal act or omission,
the judge o f the criminal court presiding in the case shall be competent to
decide the civil liability fo r the accident o f those responsible fo r the criminal
act, notwithstanding the provisions o f article 11.
Art. 18. In case of acquittal or a stay of proceedings, the worker, or his
heirs, are free to claim from the employer the compensation due under this law.
Nullity of renunciation of compensation
A rt. 19. Renunciation o f the benefits o f this law, and in general every
agreement contrary to its provisions, shall be null and void.
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General provisions
A rt . 20. When a judgment is obtained in favor of the worker he shall enjoy
the privileges granted by article 2238 of the Civil Code.
A rt. 21. Printed copies o f this law shall be posted in a prominent place
in the establishments, workshops, or industrial enterprises to which it refers.
A rt. 22. Within six months from the publication of this law, the Executive
Authority shall issue the regulations and provisions necessary for
enforcement.
its
REGULATORY DECREE OF SEPTEMBER 7, 1911
C h apter 1 .—Liabilities
A rticle 1. For the purposes of paragraph 1 of article 7 of the law, as clari
fied by the third sentence of paragraph 3 thereof, the liability of the employer
shall run from the time of the accident.
A rt. 2. His first obligation is to furnish medical attention and medicines
without delay.
A rt. 3. Without prejudice to the provisions of the preceding article, in cases
of emergency he shall promptly resort to the nearest first-aid service, but during
the course of the illness the medical attention shall be administered by physi
cians named by the employer, who is responsible for all the expenses.
A rt. 4. In every case o f accident resulting in disability the employer is
required to pay to the injured worker h alf o f his wages in accordance with
article 7, paragraph 1, o f the law.
A rt. 5. For the purposes of making known the facts in the case, and of
the claims and mediation to which the employer may be entitled, he shall
notify the mayor of the town thereof within a period of time not exceeding
12 hours, and in the absence of the mayor a justice of the peace, and if
there is no mayor and no justice of the peace the nearest governmental
authority; this report shall be made in writing on ordinary paper, signed
by the employer or his representative, and when circumstances permit shall
be sent by registered mail. This report shall state the hour and place in which
the accident occurred, how it happened, the eyewitnesses, the name of the
injured worker, the place to which he was removed, the name and address of
the physician or physicians who gave the first treatments, the wages the worker
was receiving, and, if he was insured, the firm name of the insurance company.
A rt. 6 In case death resulted immediately he shall likewise notify the
authorities named in the preceding article, stating all the facts specified in the
second sentence of the preceding article which are pertinent to the case.
A rt . 7. In addition to the above report the employer is required to send a
written notice to the aforesaid authorities as soon as he begins to discharge
the liabilities arising out of the accident. In this report the worker or the
interested parties, either personally or through a representative, must express
his concurrence. In the same way the employer shall notify the said authori
ties when he has paid the compensation, naming the amount and the article,
number, and paragraph of the law which apply.
A rt. 8. If the employer has insured his liability, he shall also report this
fact to the aforesaid authorities, the concurrence of the parties being stated
in the instrument. Otherwise he shall pay each week the wage to which
under the law the injured worker is entitled from the day on which the acci
dent occurred.
A rt. 9. If the employer is of the opinion that the accident was due to force
majeure or to a fortuitous event not due to the nature of the work, he shall
state such fact in writing to the said authority; but this does not relieve
him of the obligations imposed on him by articles 2, 3, 5, 6, and 7 of this
regulation.
A rt. 10. All the instruments shall be forwarded in duplicate. One of them
shall remain with the authority to which it is sent, and the other, with the
word “ Received” and the signature of the official who receives it and the
official seal of the office, shall be immediately returned to the employer.
A rt. 11. Compliance with the obligations prescribed in the law as to the
payment of compensation does not require the intervention or mediation of any
authority unless disagreement between the interested parties is manifestly
shown.
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Abt. 12. The failure of the authorities to intervene does not relieve from
the observance of the indispensable formalities in order that the facts and
agreements can be duly proved at any time.
Abt. 13. If the employer designates physicians to give medical attention and
certify the facts, he shall send their names and addresses to the administrative
authorities within a period of time not exceeding 48 hours. If he fails to
designate any, it shall be understood that the physicians who attend the
injured worker are, by implication, representing the employer.
Abt. 14. If the injured worker enters a hospital, the physicians designated
by the employer shall have the same attributes that forensic physicians have.
Abt. 15. The physicians are required to issue the following certificates:
1. At the time of the accident, that the worker is incapacitated for work.
2. At the completion of the treatment, that the worker is able to return to
work.
3. At the completion of the treatment if disability results, the classification
of the disability of the worker.
4. In case of death, the death certificate.
Abt. 16. In the certificate referred to in paragraph 1 of the preceding article,
the injury shall be described in the greatest possible detail. That in paragraph
4 shall be described in the same manner, and in case an autopsy is performed
the findings of the same shall be attached to the certificate. In the certificate
referred to in paragraph 3 the resulting disability shall be described in the
greatest possible detail.
A rt. 17. On the issuance of each certificate the employer shall send a true
copy, signed by him, to the proper authority within a period of time not
exceeding 24 hours.
Abt. 18. The injured worker shall be notified of the certificates specified in
paragraphs 2 and 3 of article 15, and if he concurs therein it shall be so stated
on the certificate, over his signature or that of the person representing him.
Abt. 19. In case of disagreement, whether because the worker does not be
lieve himself cured, or because he does not agree with the classification of his
disability, the worker may name his own doctors, who, with those of the em
ployer, shall make a new examination, issuing certificates stating their agree
ment or difference of opinion. This instrument shall be signed by all the
physicians taking part in the examination.
Art. 20. In case of disagreement there shall be made three copies of the
instrument, one for the employer, one for the worker, and the other for the
proper authority. This authority shall send a copy of this certificate and of
the history of the case to the Medical Board (Facultad de Medidna), which
shall give the final decision. The report of the board shall be returned to the
authority which requested it, and said authority shall send copies to the
employer and to the worker.
Chapter 2.—Determination of disability caused by industrial accidents
Art. 21. The terms employed in article 7, paragraph 1, of the law of May
12, 1911, shall be understood in the following manner: Temporary total dis
ability, and permanent total disability; permanent partial disability.
Art. 22. Temporary total disability shall be considered, for the purpose of
article 7, paragraph 1, of the law, as a continuation of the pathological conse
quences resulting from the accident within the limit stipulated in the second
sentence of that paragraph.
Art. 23. Temporary total disability shall cease when the injured worker
is declared to be recovered or when a year has elapsed since the occurrence
of the accident without recovery.
Art. 24. The recovery of the injured worker shall be reported by the physi
cians expressed in the following terms: (a) Recovery, without disability;
(b) Recovery, with disability.
Art. 25. As a general rule, recovery without disability shall be declared
from the time of the healing of the wounds, unless a period of treatment is
required to restore the functioning of the injured parts.
Art. 26. As a general rule, recovery with disability shall be declared from
the time of the healing of the wounds, resulting in manifest disability.
If the resulting disability is functional instead of organic, delay may be
had, on petition by the employer, to see if the function is restored during the
term fixed by the law.
13494°— 30-------12
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W O R K M E N ^ CO M PENSATION LEGISLATION
A rt. 27. Recovery with disability having been finally declared, the degree
of disability, either total or partial, must then be determined.
A rt . 28. Total disabilities are:
(a)
Total loss, or loss of the essential parts, of both upper extremities, of
both lower extremities, or of one lower and one upper extremity, the hand
and foot being considered as essential parts for this purpose.
(&) Functional injury of the locomotive system, which, in its consequences,
may be considered as analogous to mutilation of the extremities, in the same
conditions indicated aboves.
(c) Loss of both eyes, there being understood by this enucleation of the
organ or total loss of sight.
(d) Loss of one eye with considerable impairment of sight in the other.
(e) Incurable mental disorder.
if) Organic or functional injuries of the brain, and the circulatory and
respiratory systems as an immediate and direct result of the mechanical or
toxic action of the accident, and which are considered incurable.
A rt. 29. Partial disabilities are:
(а) Total loss of the right upper extremity or its essential parts, consider
ing as essential parts the hand, all the fingers of the hand, even if the thumb
remains, or in like case, the total loss of all the middle and distal phalanges,
and the total loss of the thumb only.
(б) Total loss of the left upper extremity or its essential parts, its essential
parts being the hand and all the fingers of the hand.
( c) Total loss of one of the lower extremities or its essential parts, its
essential parts being the foot and in the foot the parts that are absolutely
necessary for standing and walking.
(d) Functional injuries which, by rendering useless an extremity or its essen
tial parts, may be regarded as analogous to the physical mutilation indicated in
the preceding sections.
( e ) Complete deafness.
if) Loss or loss of sight of one eye.
ig) Inguinal or femoral hernia, either simple or double.
A r t . 30. Partial disabilities shall be considered as total in the following cases:
1. When, in addition to the injury to a member that is classified as partial
disability, the accident results in injuries to other members which in conjunction
with the first-named injury amounts to a reduction of 50 per cent in working
capacity.
2. When the reduction of working capacity caused by the injuries amounts
to 42 per cent and the worker is over 50 years of age.
3. When the reduction of working capacity caused by the injuries amounts
to 36 per cent and the worker is over 60 years of age.
4. In the three cases mentioned above, the amount shall be reduced by two
per cent in the case of a woman worker.
A rt. 31. In the cases enumerated in the preceding article, and for the pur
poses of article 7, paragraph 2, of the law, the disability shall be understood to
be limited, for the purpose of compensation, to the worker’s regular work.
A rt. 32. If the employer will not accept the worker in the occupation or kind
of work which he was performing at the time of the accident, injuries not
enumerated in article 29 shall be considered partial disabilities.
A rt. 33. In order to comply with the provision of the preceding article, the
employer may admit the worker permanently or temporarily. In the second
case, the final decision may not be deferred for a period longer than six months
from the day of such admission.
A rt. 34. To make effective the provisions of the preceding articles, the follow
ing table shall be used, the terms therein having the following special meanings:
“ D ” indicates that the injury constitutes a disability. “ Value ” indicates that
the injury may be computed at its specified value in determining the total
disability.
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Table of valuation of reduction in working capacity
Injury
Total loss of right arm....................................
Total loss of left arm.......................................
Total loss of right forearm..............................
Total loss of left forearm.................................
Total loss of right hand..................................
Total loss of left hand.............................. ......
Total loss of right thumb............................ .
Total loss of left thumb..................................
Total loss of right index..................................
Total loss of left index....................................
Total loss of distal phalange of right thumb.
Total loss of that of the left............................
Total loss of a middle finger...........................
Total loss of a ring finger................... ............
Total loss of a little finger........................... .
Loss of 1 phalange of any finger.....................
Total loss of 1 thigh.............. .........................
Total loss of 1 leg.............................................
Total loss of 1 foot...........................................
Total loss of 1 to e --........................................
Loss of sight in 1 eye......................................
Complete deafness..........................................
Deafness in 1 ear.............................................
Double inguinal or femoral hernia.................
Simple inguinal hernia...................................
Descrip
tion
Value
Per cent
D
D
D
D
D
D
D
30
24
18
18
9
9
9
13
D
D
D
D
D
D
D
D
12
18
12
Art. 35. Compensation for death does not exclude payment due the injured
worker from the time of the accident to the time of death; and in that case
it shall be stated in the medical certificate that death resulted from the
accident.
Abt. 36. Even if suit is brought for the causes referred to in article 17 of
the law, the proceedings indicated in this chapter for determination of the
disability, the [state of] health, and the classification of the disabilities shall
not be deferred, in order that the action referred to in article 18 of the said
law may be facilitated.
C h a p t e r 3.—Claims
A r t . 37. The injured worker, or the person or persons interested, may pre
sent their claims before the administrative authority or justice of the peace
and bring suit against the employer before the judge of the court of first in
stance, under the provisions of article 12 of the law.
A r t . 38. Claims shall be brought before the administrative authority when
ever the employer has omitted to report the accident or any of the particulars
specified in chapter 1, within the time allowed by the law.
A r t . 39. Claims brought before the administrative authorities shall be made
in writing, on ordinary paper and in duplicate, the worker making the com
plaint retaining one of the copies, with “ Received ” by the official who receives
it and the official seal thereon.
A r t . 40. If the report is received by a municipal authority or a justice of
the peace, he shall immediately proceed to demand of the employer compliance
with his unfulfilled obligation.
Art. 41. If the administrative action brings no result within 48 hours, the
authority making the demand shall report the same to the judge of the court of
first instance, so that he may institute proceedings for noncompliance with the
provisions of the law, and give notice of the action taken to the governor of
the Department.
A r t . 42. When the notice is received by the governor, he shall proceed, as
regards the employer and the judge of the court of first instance, in the same
manner as the municipal authority.
A r t . 43. The interested parties may also present their claims, if they are
disregarded, before the governor against the municipal authorities and before
the Ministry of the Interior against the governor.
A r t . 44. Claims based on facts which have no bearing on noncompliance
with the law, and which consist of differences in valuation between the parties
1 74
W O R K M E N ’ S CO M PENSATIO N LEGISLATION
litigant, shall be brought before the judge of the court of first instance, under
article 12 of the law.
Art. 45. In the cases specified in article 17 of the law, dealing with the
allegations of fraud, imprudence, or negligence as causes of the accident, the
written declaration shall be presented directly to the trial judge.
Chapter 4.—Mediation
Art. 46 (as amended by Decree of March 9, 1929). The following shall be
considered competent to receive accident reports: (a) Department boards of
conciliation; (&) municipal mayors; (c) governors of the Departments; (d)
justices of the peace; (e) police courts.
Art. 47 (as amended by Decree of March 9, 1929). The office receiving
the report shall send it immediately to the governor and to the board of con
ciliation of the Department.
Art. 48 (as amended by decree of March 9, 1929). On receipt of the report,
the board of conciliation shall proceed as it may have occasion, subject to the
respective laws and regulations.
Art. 49 (as amended by decree of March 9, 1929, and further amended by
decree of December 19, 1929). The boards of conciliation shall keep a record of
all cases reported to them, in which shall be stated: (1) Place, date, and time
of accident; (2) full name of the employer or name of the enterprise; (8) full
name of the injured worker; (4) sex of the injured worker; (5) age on last
birthday of injured worker; (6) occupation of the injured worker; (7) wage
of the injured worker; (8) what the injured was doing at the time of the
accident; (9) bodily injuries; (10) was the injured worker to blame for the
accident.
If in some cases it is not possible to give some of the preceding data, the
rest shall be given.
A rts . 50 and 51. [Repealed by decree o f March 9, 1929.]
A rt. 52 (as amended by decree of March 9, 1929, and further amended by
decree of December 19, 1929). The boards of conciliation shall send to the
General Statistical Office each month a copy of the data referred to in article 49.
A rt. 53 (as amended by decree of March 9, 1929). A general record of the
data authorized shall be made in the Department of Labor and kept in con
venient file cases. The statistical cards shall be used in making the different
classifications which industrial accident statistics must include.
A rt. 54. There shall be an individual statistical record sheet for each accident,
which shall contain the data for making the follow ing classifications: Kind o f
industry or w o rk ; injury produced; stating the diagnosis o f the injury and the
degree o f disability; daily working hours in the industry or w o r k ; hour when
the accident happened; age o f the w orker; compensation granted.
A rt . 55. The industrial accident statistics shall be published annually in the
Diario Oficial, the data stipulated in the preceding article being given and any
other which may be deemed necessary.
When industrial statistics are published, accident statistics shall be included
therein.
Art. 56. In cases which follow the normal procedure of the law, administra
tive action shall be limited to the mere recording of the accidents.
When the law is disregarded or obstructed by the employer, who does not
comply with the obligations imposed on him by the law and this regulation, the
administration shall favor the claims of the worker, provided they are proper.
Art. 57. The administrative proceedings shall be first to demand from the
employer compliance with the provision which has been violated, and if this
action produces no result, notice shall be given to the judge having jurisdiction
for the purposes of article 12 of the law.
Art. 58 (as amended by decree of March 9, 1929). Any one of the offices men
tioned in article 46 is required to give immediate notice to the governor of the
Department and the board of conciliation whenever it is evident that the law
has been disregarded or obstructed, and no claim has been presented by the
worker or the claim has been without result.
A rts. 59 and 60. [Repealed by decree of March 9, 1929.]
Art. 61. Employers shall take all possible measures for the safety of their
workers in factories, workshops, and work places, in accordance with the law.
Art. 62. The safety measures usually employed in workshops and work
places, such as railings or protective nets on scaffolds; fences around shafts
and excavations in work shops; signs and signals in firing blast holes; brakes
TE X T OF LAW S---- SALVADOR
175
and safety devices on machines used in hoisting and for transportation, and
in general all those which are ordinarily used, shall be compulsory.
Art. 63. Safety measures which are reasonable and in harmony with those
in current use shall also be compulsory in new works or processes, applying for
that purpose all possible safety measures in accordance with the advance of
science and technical knowledge.
Art. 64. The safety measures which consist in the addition of special safety
devices to diminish the hazards peculiar to each occupation shall also be applied
to protect the worker against the imprudence which is a natural consequence of
continuous employment in dangerous work.
A rt. 65. In addition to the devices made compulsory by the preceding articles,
police and sanitary regulations in use in well-regulated shops and special orders
o f this kind by the Government shall be issued when necessary.
A rt. 66. The use o f machinery and apparatus in bad condition, the per
formance o f a work or an undertaking with insufficient personnel or material,
and the employment o f inexperienced personnel in dangerous work, without
due supervision, are declared to be a lack o f safety provisions.
Art. 67. The liabilities arising from violations of the obligations specified
in the preceding articles, and the offenses also specified, shall be judged under
the provision of article 17 of the law on accidents.
Art. 68. The utmost possible degree of protection against accidents is com
pulsory when dealing with the work of minors.
Art. 69. The adoption o f the possible safety measures does not exempt the
employer from paying the compensation fixed by the law, but is taken into con
sideration only in determining the civil or criminal liability which may exist.
Art. 70. The lack o f safety measures o f the kind and importance determined
in this regulation, and the nonobservance o f the provisions o f the law o f May
12, 1911, shall be sufficient 'cause to increase by 50 per cent the compensation
due the workers, outside o f every kind o f liability.
Chapter 5.—Industrial accident insurance
Art. 71 (as amended by Decree of March 9, 1929). Insurance companies
wishing to insure the liability of employers as established by the industrial
accident law shall petition the Department of Labor to be registered in the
registry of associations licensed for that purpose by virtue of their compliance
with these provisions and those already in force.
A rt. 72. An attested copy o f its constitution, with any amendments, and o f
the powers o f attorney o f its representatives in Salvador, if it is a foreign
corporation, shall accompany the petition. These papers shall be returned to
the interested parties, after a brief report thereon is placed with the papers
in the case, to which the original petition shall be added.
A rt . 73. The headquarters of the company in Salvador, the capital invested
by the company up to that date, the firm name, and the name of the director
or manager shall be stated in the petition.
Art. 74 (as amended by Decree o f March 9, 1929). No insurance company
shall be registered with those licensed by the Department of Labor unless it
has deposited an initial security for that purpose of 15,000 pesos, silver, and
of 1,000 pesos if it is a mutual insurance company organized by employers or
workers of the same class or of a group of similar works.
A rt. 75. No insurance company shall be accepted for the purposes of the
provisions of this regulation unless it previously and legally recognizes the
jurisdiction of the competent Salvadorean courts to pass upon insurance con
tracts made with employers residing in Salvador which insure their liability
under the industrial accident law.
Art. 76. If the company transacts any other business, either insurance or
any other kind, in addition to the insurance of personal industrial accidents,
it shall establish this branch separately in the manner required, so that the
reserves of said insurance may remain entirely independent of the others
established.
Art. 77. The insurance companies referred to in this regulation shall furnish
in duplicate: 1. By-laws and regulations; 2. Detailed ordinary and special
premium rates made by them for insurance of personal accidents (in case
of death or disability) and life annuities or pensions, or else, in the companies
specified in article 76, the basis of distribution; 3. Rules adopted for the
formation of the reserve; 4. Mortality tables, rate of interest, and calculation
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of the admitted reserves in respect to life annuities; 5. Copies of the different
kinds of policies which they issue.
A r t . 78. They shall publish annually a balance sheet of their operations,
stating especially the reserves formed for industrial accident insurance, and
an additional memorandum consisting of the following data:
1. A statement of the investment of the assets, specifying the securities.
2. Income produced by the personal accident insurance, differentiating the
individual from the collective, the direct insurance, and the reinsurance.
3. Payment of premiums for reinsurance of operations.
4. Number of policies issued, canceled, and terminated because they have
matured or because of accident, and the total capital, wages, and annuities
and pensions insured, separating the individual from the collective insurance,
the risk assumed, and those reinsured.
5. A statement of accident claims, those heard judicially and settled, and
their amounts, differentiating between those due for death, total disability
(permanent or temporary), and partial disability (permanent or temporary).
From these statements balance sheets shall be made and published quarterly.
6. Observations concerning improvement of the industrial accident insur
ance service which may be deemed proper.
Abt. 79 (as amended by Decree of March 9, 1929). The Department of Labor
may, if it believes it justified, audit the statements annually.
A rt. 80. Contracts insuring the liability of the employer imposed by the
industrial accident law shall be made under the provisions now in force re
lating thereto, especially those relating to cases of accident, form, and amount
of the compensation, and beneficiaries of the insurance.
Art. 81. No registration nor certification of petitions shall be made unless it
is proved that the provisions of article 76 of this regulation have been com
plied with.
C h a p t e r 6.—
Liabilities
A rt . 82. Liabilities arising out of acts connected with the application of this
law may be penal, civil, or administrative.
A rt. 83. Penal action may be instituted by the employer or the worker, and
by the representative o f the district attorney’s office in all cases in which he
deems it advisable to intervene in behalf o f the enforcement o f the law and
to represent the persons w ho have suffered damage.
A rt . 84 (as amended by decree of March 9, 1929). In order to make effective
the application of accident prevention measures, boards of conciliation may
impose fines of from 25 to 100 colons on employers or managers for violations
of this regulation. The amount of these fines shall be paid into the general
treasury in the capital and into the revenue offices in the Departments.
URUGUAY
LAW OF NOVEMBER 26, 1920
C h a p t e r 1.—
Conditions necessary for the application of the principles of this law
Employer’ s cwil liability.—A r t i c l e 1. Any employer responsible for the carry
ing on of the industries or the execution of works included under the provisions
of the present law is liable at civil law for any accidents to his workers arising
out of or in course of the employment' in the manner determined by the
following articles.
Who is an employer—Who is a worker.—Art. 2. For the purposes of the
present law, by “ employer ” is meant any person, enterprise, or company that
utilizes the labor of workers, irrespective of their number; and by “ worker,”
anyone who habitually performs manual work on another’s account outside of
his own home.
Art. 3. Employees, minors under 21 years of age, and apprentices shall be
considered workers.
Work covered by the law.—Art. 4. All workers who suffer accidents and who
are engaged in the industries or occupations specified herein have the right to
compensation [arranged alphabetically in Spanish]:
(a) Oils (factories) ; aqueducts (works) ; sharpeners (workshops) ; gravelers (works) ; agriculture (persons exposed to danger from machines) ; [mineral]
waters (enterprises) ; wires (manufacture) ; masonry (works) ; culverts
(works) ; alcohols (factories) ; pottery (manufactures of) ; fiber sandals (fac
tories) ; amphibians (hunting of) ; sands (extraction of) ; elevator operators;
clays (extraction and working) ; sawmills; sawdust (factories) ; asphalters
(works) ; asphalt (factories) ; shipyards; harness (workshops) ; automobiles
(repairs).
( b) Scales (factories) ; floor tiles (factories) ; ballast (extraction) ; ferry
men; barracks (of every kind); varnishes (factories); trunk factories;
beverages (factories); motion-picture houses (operators); warehouses; pump
factories; fire fighters; forests (exploitation of) ; divers.
(c) Stables; electric transmission cables (laying, repair, and maintenance) ;
coffee (preparation); box factories; boilers (installation and construction);
braziers; heating (installations) ; footwear (factories and workshops); streets
(cleaning) ; metal beds (manufacture) ; roads (construction, repair, and main
tenance) ; quarries; conduits for gas or running water (laying) ; freight (enter
prises) ; carpenters; bill posting (enterprises) ; pasteboard (factories) ; cement
(factories); pork (products); breweries; brushes (factories); varnishes
(preparation); chocolates (preparation) ; cigars and cigarettes (manufactur
ing) ; circuses (workers other than performers) ; nails (factories) ; glue
(manufacturing) ; spring mattresses; drivers of vehicles (on a salary or wage) ;
confectioners; preserves (factories) ; construction in general, on land or sea;
stonecutting: corsets (factories) ; hides (manipulation) ; tanneries.
(d) Wrecking of buildings; warehouses of all kinds; dry-dock workers;
unloading (enterprises); distilleries; dikes; dredging; drugs (factories and
warehouses); sweetmeats (factories).
(e) Building construction (entire personnel, irrespective of occupation) ;
electricity (enterprises) ; grain elevators; packing of merchandise or fruit;
bookbinding; excavation; brooms (manufacturing); stone carvers; patent
medicines (manufacturing) ; stevedores of all kinds; explosives (making and
handling).
(f) Factories producing: Oils, alcohol, sawdust, asphalt, scales, floor tiles,
varnishes, beverages, purses, metal beds, coffee, footwear, cements, brushes,
chocolates, cigars, cigarettes, nails, glue, spring mattresses, preserves, belts (for
machinery), creolin, drugs, sweetmeats, paste (library), brooms, explosives,
hard-tack, crackers, caps, guano, ice, inflammable substances, soaps, mosaics,
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ammunition, paper, perfumes, paintings, pork products, vehicles, clothing, soda,
hats, tobaccos, fabrics, candles.
(g) Shed builders; hard-tack and crackers (factories) ; livestock (slaughter
ing and meat preserving) ; gas (production and installation) ; caps (factories) ;
guano (factories).
( h) Ice (factories); hippodromes (working personnel); tin shops; molds
(factories).
(i ) Printing; inflammable substances (where made and used industrially).
(j) Soaps (factories).
(I)
Bricks (ovens and factories) ; steam laundries; liquor shops; lithog
raphy.
(m) Lumber (mills, exploitation, cutting, and measuring) ; machines (work
shops having); marble works; slaughterhouses; messengers (enterprises);
metal work; mines; mills; motors (use o f ) ; mosaics (factories); furniture
stores; furniture (factories, workshops, etc.); moldings (construction);
ammunition (factories).
(p) Bakeries; paper (mills); lightning rods (placing, maintenance, and
repair) ; paving (construction, maintenance, and repair) ; perfumes (factories) ;
fishing (enterprises) ; weighing (enterprises) ; workmen in commercial enter
prises; stones (work in) ; piles (placing) ; painting (factories) ; feather dusters
(factories) ; pork (products) ; wells (diggers) ; bridges (general work) ;
chemical products (factories).
( q) Chemicals (manufacture of products).
(r ) Electric transmission systems; sugar refineries; repair of buildings
(entire personnel); repair of railways; vehicles (factories); clothing
(factories).
(s ) Salting establishments (salted meats and fish) ; land drainage (works) ;
tallow (products) ; mechanical saws (use of) ; soda (factories) ; hats (fac
tories) ; stud farms (working personnel).
( t ) Tobacco (factories); saddleries; stone and marble carving; tapestry
shops; theaters (service employees) ; textiles (factories) ; telephones (works) ;
telegraph (works) ; dyeing establishments; submarine work; land and water
transportation; crews of ships (warships excluded).
(u) Factories in general.
(v) Shipyards; candles (factories); railways; windowpanes (making and
setting).
Industries similar to those just enumerated, and, in general, all industrial
enterprises or occupations which involve the use of power other than man
power.
The Executive Authority shall have the power, at any time, to increase the
number of industries or occupations included in this article.
Domestic and other kinds of service.—Art. 5. Liability is extended to do
mestic work and to other services which employers may require of their
workers or employees in establishments belonging to them.
Home work.—Art. 6. The worker who, in his own home, works for another
is not included under the provisions of the present law by the fact that he is
occasionally assisted by one or more of his fellow workers.
Rights of worker.— A b t . 7. A worker protected by the present law shall have
no other remedies against the employer in case of an industrial accident than
those accorded him under this law, unless the accident was brought about by
fraud on the part of the employer.
Maximum compensation.—Art. 8. Persons covered by this law whose annual
earnings exceed 750 pesos27 shall be entitled under its provisions only to the
benefits fixed for a salary of that amount, which for legal purposes is fixed
as the maximum.
When entitled to compensation.—Art. 9. In order to be entitled to com
pensation, other than the medical care accorded him under this law, the acci
dent must have rendered the worker incapable of working for more than
seven days, including holidays.
Loss of right—Art. 10. The worker does not lose his right to claim com
pensation under the present law because the accident may have occurred
through a slight or serious fault on his part, or by some fortuitous event or
force majeure, but he does lose it if he deliberately caused the accident.
If the accident was due to force majeure not connected with the nature of
the work, the employer shall not be required to pay compensation; but if the
” 1 peso at par= $ 1.03 42.
TE X T OF LAW S— U RU G U AY
1 79
worker claims compensation, the employer must prove that the accident
occurred through the cause mentioned.
In default of this proof, the worker shall be entitled to the compensation due.
Action against third parties causing accident.—A r t . 11. In addition to tie
action against the employer, accorded by the present law, the injured employee
or his lawful heirs retains the right to claim damages for the injury against a
third party responsible for the same under provisions of the Civil Code.
By a “ third party” is understood any person other than the employer and
his employees and workers.
The compensation obtained from a third party, under the provisions of this
article, shall reduce the obligation of the employer in an amount equivalent to
the amount of damages awarded.
In case the accident has produced a permanent disability or the death of the
worker, said compensation shall be in the form of an annuity, the capital
required to produce same being deposited in the State Insurance Bank.
Action against a third party responsible [for the accident] may be brought
by the employer at his own expense and in the name and place of the injured
employee or his lawful heirs. In case it is brought jointly by the injured
employee or his lawful heirs and the employer, they shall plead jointly being
represented by a common attorney. In case of the intervention of the State
Insurance Bank, the party designated by this institution shall have preference.
Invalid contract.—A r t . 12. Any labor contract relieving the employer from
liability for accidents that may occur, or which is not in conformity with the
provisions of this law, shall be null and void.
Compulsory insurance for Government employees.-—A r t . 13. The State, the
departmental governments, and other bodies corporate having charge of public
enterprises are subject to the obligations imposed by this law on the employer,
when they have persons in their service performing the work specified in
article 4 and are required to insure such persons in the State Insurance Bank.
C h apter
2.—Compensation for industrial accidents
A r t . 14. The compensation for industrial accidents provided for in this law
shall be governed by the following provisions:
Temporary disability.— (a) In case of temporary disability the worker shall
be entitled to a daily compensation equal to half the wages or remuneration
paid him at the time of the accident, counting from the eighth day following
the accident provided that the disability has lasted more than one week.
When the disability lasts for more than 30 days, the compensation shall be
paid from the day following the accident.
Permanent partial disability.— (b) In case of permanent partial disability
the worker shall be entitled to a life annuity equal to half the wage reduction
caused by the accident.
Permanent total disability.— (c) In case of permanent total disability the
worker shall be entitled to a life annuity equal to two-thirds of his annual
pay (full pension).
A r t . 15. When the permanent partial disability does not amount to 10
per cent reduction of ability to carry on the trade, an annuity shall not be
granted.
Cure or healing of wound.—A r t . 16. The compensation for temporary dis
ability ceases at the time of complete cure or when the wound is healed. In
the latter case, if there is permanent disability, the amount of the annuity shall
be determined at once.
Death of worker.—A r t . 17. If the accident results in the death of the worker,
his lawful heirs shall be entitled to an annuity in accordance with the following
provisions:
Who are entitled to annuity.—1. A life annuity, equal to 20 per cent of the
annual wages or remuneration, for the surviving spouse if not divorced or
separated, provided the marriage took place prior to the accident.
An annuity will be given the husband, only when he can prove his incapacity
for work.
2. An annuity, to be determined in accordance with the following provisions,
for children under 16 years of age who were supported by the worker, when
this fact is duly proved irrespective of their legal relationship to him.
Proof shall not be necessary when such minors are legitimate or illegitimate
children of the deceased worker.
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3. Minors shall be considered as satisfying the conditions in the preceding
paragraph of this article, if they are descendants or collateral relatives even
to and including the third degree of the deceased worker, and have lived in the
same household with him.
(a) If the minors have a surviving father or mother, the annuity shall be
15 per cent of the annual wages, if there is only one child; 25 per cent if there
are tw o; 35 per cent if there are three; and 40 per cent if there are four or more.
(b) If neither father nor mother survives, the annuity may be as much as
20 per cent of the annual wages for each of them.
Loss of rights by surviving spouse.— A r t . 18. The surviving spouse shall lose
all right to the annuity on contracting another marriage. In this case he
[or she] shall receive as final compensation two years’ annuity.
All right to the annuity or compensation shall be lost if he [or she] should
fail to conduct himself or herself properly.
Amotmt of annual annuity.—A r t . 19. The annual annuity granted under
article IT to persons mentioned therein, may in no case exceed two-thirds of
the annual earnings. If the total amount of the annuities should exceed
two-thirds of said earnings, each annuity shall be reduced proportionately,
so that together they will not exceed the amount fixed as the full annuity.
Case in which ascendants are entitled to anrmity.— A r t . 20. If the deceased
worker does not leave any of the beneficiaries specified in article 17, ascendants
who were supported by him shall be entitled to a direct life annuity equivalent
to 10 per cent of the annual wages for each, the total amount, however, not to
exceed 30 per cent of the annual earnings. If the total should exceed this
sum, the annuities shall be reduced as provided in article 19.
Payment of annuities.—A b t . 21. The payments of compensation for industrial
accidents shall be made monthly, and shall be nontransferable and unattachable.
Expenses for medical attendance and burial.—A r t . 22. The employer shall
also bear the expenses of medical attention and burial of the worker who
dies as the result of an industrial accident. The burial expenses shall in no
case exceed 40 pesos. The granting of free medical and pharmaceutical treat
ment shall also include appliances necessary to the success of the treatment
or for lessening the consequences of the injuries.
Prescription.—A r t . 23. Action for compensation shall lapse 12 months from
the date of the accident.
Chapter 3.—Special rules for determining amount of compensation
Basis of calculation.—A b t . 24. The annuity shall be calculated on the basis
of the annual remuneration received by the injured employee as wages or
pay during the last year of his employment in the establishment.
Abt. 25. If the worker had not been employed in the establishment during
a whole year prior to the accident, the compensation shall be determined on
the basis of the annual remuneration received by workers of the same class
in the same establishment or similar ones near by.
In case this determination should not be possible, the average wage received
by the worker during his stay in the establishment shall be multiplied by 300.
Apprentices and young persons under 21.—A r t . 26. Apprentices and workers
under 21 years of age receiving no remuneration, or that which is less than
the pay of other ordinary workers, shall be entitled, in case of permanent dis
ability, to compensation calculated on the basis of 300 times the lowest wage
earned by the ordinary workers in the same establishment or in a similar one
in the same locality.
By “ ordinary worker” is understood one who performs all kinds of work
pertaining to his trade or profession, without being exceptionally skilled therein.
In the matter of temporary disability of a worker under 21 years of age, the
amount of compensation shall be calculated on the basis of the actual wages of
such worker.
Pieceioork.—A r t . 27. If the worker was paid by the piece, the annual wage
shall be calculated by multiplying by 300 his average daily earnings during the
last three months preceding the accident.
In case this determination is impossible, the ordinary wage of able-bodied
workers shall be taken as a basis.
Preexisting partial disability.—A b t . 28. If a worker who has become perma
nently and totally incapacitated for work by an accident was, prior to the
accident, suffering from a physical injury or defect which partially incapacitated
him for work he shall be entitled to an annuity equal to half the reduction in
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his wages resulting from such accident, or to two-thirds of the usual earnings
of workers in similar employment in the locality.
Computation of tips and bonuses.—A r t . 29. If in the industry or occupation
to which the worker belongs, tips or bonuses which he receives from the em
ployer or customers are habitually taken into account in his remuneration, such
tips and bonuses shall be considered in establishing the basic wage, except
when such gratuities were only occasional.
What is understood by wages.—A r t . 30. By “ wages ” is meant, for the pur
poses of this law, the remuneration received by the worker from the employer
for his work. When the worker is paid, wholly or partly, in kind, either in
food, in the use of dwellings, or in any other form, in determining his wages the
said remuneration shall be computed at its average value in the locality.
Settlement of disputes.—A r t . 31. Disputes occasioned by the fixing of the
basic wage shall be decided by the judge within 10 days following the report
to the National Labor Office. They shall be decided by separate award and
without waiting for the settlement of other disputed questions.
C h apter
4.—Procedure in case of accident
Report of accident.—A r t . 32. Every accident which incapacitates a worker
for employment for more than three days must be reported by the employer
before the fifth day, including Sundays and holidays, to the justice of the
peace in the district where the accident occurred.
A r t . 33. The worker injured in the accident, or his representatives, may
also report it to the same magistrate within 15 days.
Medical certificate.—A r t . 34. If, after 15 days following the accident, the
worker has not gone back to work, the employer is required to present to the
justice of the peace to whom the report was made a medical certificate showing
the worker’s condition, the probable consequences of the accident and the
approximate date when the final result thereof may be known.
Items to be contained in report.—A r t . 35. The report must give the name and
address of the employer, the location of the establishment, the time at which
the accident occurred, its nature, the surrounding circumstances, the nature of
the injuries, the name, address, age, and civil status of the injured worker, and
the names and addresses of witnesses who were present at the accident or
had knowledge thereof.
Judicial inquiry.—A r t . 36. Immediately after the presentation of the report,
the justice of the peace shall commence a summary inquiry, taking testimony
of the injured employee if his condition permits, and also of the employer and
the witnesses.
He shall make inspections in cases requiring attention, and shall order the
technical investigations and medical examinations that may be necessary.
In case of death, and on the petition of the party concerned, he shall order
an autopsy to be performed within 48 hours.
Information to be furnished in judicial inquiry.— A r t . 37. The justice of the
peace shall endeavor to secure proof o f :
{a) The cause, nature, and circumstances of the accident.
(&) The persons injured in the accident, where they can be found, and the
place and date of their birth.
(c ) The nature of the injuries.
(d) The persons who under articles 17 and 20 of this law are entitled to
compensation in case of the worker’s death; likewise the date and place of
birth of the same; they shall procure from the civil register’s office the proper
certificates, which shall be issued free of charge.
(e) The daily and annual wages of the injured workers.
(f) In the case of apprentices or workers under age, he shall also endeavor
to secure proof of the wages of ordinary workers employed in the same estab
lishment or in similar ones in the locality.
A r t . 38. The summary inquiry shall be begun with the knowledge of the
parties concerned, who may demand any judicial proceedings they may con
sider necessary.
A r t . 39. In lawsuits and disputes arising between the employer and the
injured worker, or his lawful heirs, the departmental judge {juez letrado
departmental) shall be the competent authority, in the first instance, to render
a decision and the justice of the peace of the district in which the accident
occurred shall forward the report of the summary inquiry to such departmental
judge.
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An appeal from his decision may be taken to the court of appeals, whose
decision shall be final.
An appeal shall be granted only by sending it back to the lower court for
a new trial.
Procedure.— A r t . 40. The procedure in such cases and in all disputes arising
in connection with the application of this law shall be that established by the
Code of Civil Procedure for actions for possession.
Document closing the investigations.—A r t . 41. If the two parties come to an
agreement, the justice of the peace shall prepare a document to be signed by
the interested parties, describing the accident and fixing the compensation due
the injured worker. The agreement shall be invalid if the legal adviser of the
National Labor Office has not had a part therein and the document must be
signed by him, or by the fiscal agent if the accident occurred outside the capital.
If the worker injured in the accident resides outside the capital of the
Department, the fiscal agent may appoint some one to represent him.
A r t . 42. The record that closes the summary inquiry shall likewise state
whether there is ground for compensation, or whether the victim has received
the whole amount due him, and if he has recovered.
Revision.—A r t . 43. In cases where, after fixing the compensation, death
results from the accident, and also in cases where the disability becomes greater
or less, the injured worker or his lawful heirs, and also the employer, may
demand a revision of the judicial decision as to the nature of the accident and
of the amount of the compensation.
Proceedings for revision may be instituted not later than a year following
the final decision or the agreement of the parties before the justice of the peace,
and may be renewed each year until the disability is declared final and
unchangeable.
The procedure to be followed shall be that for actions for possession, and the
case shall be brought before the departmental judge.
The lawful heirs may institute proceedings to substitute the obligations
imposed on the employer by article 14 for those imposed on him by article 17.
The worker may institute proceedings to obtain an increase of the annuity,
and the employer, to obtain a decrease in or relief from the obligations imposed
upon him by the first decision or by the agreement entered into before the
justice of the peace.
C h apter
5.—Provisions tending to insure payment of compensation
Privileged credit.—A r t . 44. The sums due to the injured workmen or his law
ful heirs for medical attendance and compensation, shall be privileged as
provided in clause 4 of article 2369 of the Civil Code and of clause 4, article
1706 of the Commercial Code.
Insured workmen.—A r t . 45. If the employer proves, by means of the policy,
that he has insured his workers in the State Insurance Bank, said worker has
no right of action against him on account of accidents covered by the present
law.
In such case the worker shall have a right of action only against the State
Insurance Bank, in accordance with this law.
A r t . 46. The State Insurance Bank, in the risks which it covers, shall be
substituted for the employer as to all the rights and obligations resulting from
the present law, and may hold the employer responsible when he has not
complied with existing laws and regulations concerning the prevention of
industrial accidents.
Uninsured workers.—A r t . 47. An employer who has not taken advantage of
the permission to insure his liability arising from occupational risk, under the
provisions of the present law, shall be required to deposit in the State Insurance
Bank an amount equal to the annuity or annuities owed, within 10 days from
the agreement of the parties before the justice of the peace, or from the
decision rendered. The deposit of the said amount may be demanded by the
interested party or by the State, following the judicial proceedings.
A r t . 48. The capital representing the value of the annuities shall be calculated
according to the tables adopted by the State Insurance Bank.
Proceedings gratuitous to ivorker.— A r t . 49. The summary inquiry, and also
the judicial proceedings initiated for the purpose of complying with the present
law, shall be entirely free to the protected worker by the legal adviser of the
National Labor Office.
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The worker shall also be relieved from the payment of stamp duties, and may
authorize action on his behalf by the public official who represents him in the
case, by means of a simple letter attested before the notary when it is presented.
Deprivation of benefit.—In case a worker is found guilty of feigning illness
from an accident or of having intentionally caused it, he shall be deprived of all
benefits.
Advising the worker.— A r t . 50. The National Labor Office shall advise the
worker and furnish him with the forms for the documents or statements which
he has to submit to the judicial authorities in order to secure the rights
accorded him by the present law. In case of controversies that require the inter
vention of an attorney for the defense of a worker’s rights, the National
Labor Office shall furnish one. For this purpose there shall be created the
position of attorney in the National Labor Office, whose duties shall be regulated
by the Executive Authority within the limits set forth in this law. The monthly
salary of the attorney shall be 150 pesos and he shall be appointed by the
Executive Authority. Outside the capital, until special officials charged with
the same advisory functions are designated, the defense of the worker shall be in
charge of the fiscal agents.
Worker's action against insurer.—A r t . 51. The worker may bring an action
directly against the insurer under article 1256 of the Civil Code.
Ch apter
6.—General provisions
Work not included—How employer may take advantage of the law.—A r t . 52.
Any employer who undertakes operations in which workers are employed, but
who for any reason is not included under the provisions of this law, may come
thereunder by enrolling in a register which shall be kept for such purpose by
the National Labor Office.
The enrollment is revocable and shall be without effect if the employer noti
fies said office in person to cancel it, but in this case obligations contracted
while the enrollment was in force shall continue.
Judges’ investigations.—A r t . 53. The justices of the peace shall send, every
month, to the National Labor Office detailed notes of the investigations of
industrial accidents, of their results, and of the proceedings arising out of said
investigations.
Penalties for not reporting accidents.—A r t . 54. An employer who, having
knowledge of the occurrence of an accident to one of his workers protected by
this law, fails to report the same to the justice of the peace, shall pay a fine
of from 25 to 100 pesos.
In case of repetition, the fine may be increased to 600 pesos.
Penalties for concealing or falsifying wage.—A r t . 55. An employer who con
ceals or falsifies the wage of his workers shall be punished by a fine of from
100 to 2,000 pesos, under article 36 of the Penal Code.
Obligation of worker receiving compensation.—A worker receiving compensa
tion for permanent disability shall be required to make a monthly written
statement to the State Insurance Bank regarding the places where he works
and the wages or remuneration which he receives. Any false statement in
this respect shall be a sufficient cause for the discontinuance of the compen
sation.
Doctors of public health service and of civil service.—A r t . 56. Doctors of the
public health service and those of the civil service shall be required to advise
the judicial and administrative authorities, or the State Insurance Bank, when
ever called upon, on all medical and legal questions arising under the present
law.
Labor arbitration.—A r t . 57. Every industrial dispute which arises under this
law in respect to the extent of the injuries and their probable results shall be
submitted to arbitration in accordance with article 533 of the Code of Civil
Procedure.
Residence condition.—A r t . 58. Persons protected by the present law shall be
entitled to the annuity only if they lived in the territory of the Republic when
the accident occurred and while they remain therein. If they move therefrom,
they shall lose the right to the annuity, and receive as full compensation an
amount corresponding to three years’ annuity.
Occupational diseases.—A r t . 59. This law shall not apply to occupational
diseases.
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Employer's exemption from formalities of procedure.—A r t . 60. An employer
wlio, under the present law, has insured his workers against industrial acci
dents in the State Insurance Bank, shall be exempt from the formal procedure
prescribed therein for cases of accident, provided he shall give notice of the
accident to the offices of the said institution in Montevideo within 48 hours, or,
if he is outside of the capital, shall send a registered letter within the same
period. The bank shall proceed to make the proper report.
Worker's medical attention.—A r t . 61. The injured worker who is insured in
the State Insurance Bank shall be required to accept the medical attention
provided or prescribed by that institution in each case, unless he procures such
attention at his own expense, or through a mutual aid society, without prejudice
to the right of the bank to supervise the progress of the injuries.
The services of the national public health officials shall be gratuitous to the
bank.
Powers of inspectors.—A r t . 62. The inspectors of the State Insurance Bank,
those of the National Labor Office, and officials designated by the Executive
Authority shall have free access to all work places for the purposes of insuring
compliance with the provisions concerning accident prevention.
Admmistration workers.—A r t . 63. Workers insured in the State Insurance
Bank, who are employed by the national administrative authorities, shall not
receive from the latter while under medical treatment for temporary disability,
and so long as it lasts, any other remuneration than that fixed by the present
law.
Use of pies and retained salaries.—A r t . 64. The sums derived from fines
imposed by this law and the amount of the salaries of workers employed by
the national administrative authorities, retained by virtue of the preceding
article, shall be used to increase the resources of the National Public Health
Department.
Chapter 7.—Temporary provisions
A rt. 65. This law shall come into force six months after its promulgation by
the Executive Authority.
VENEZUELA
Although Venezuela has no separate workmen’s compensation law, as have
the other Latin American Republics, its labor law, passed on July 23, 1928,
and the regulatory decree thereof, dated August 13, 1928, contain several
chapters dealing exclusively with workmen’s compensation, which are given
below.
LABOR LAW OF JULY 23, 1928
C hapter 4.—Occupational hazards
Article 19. Owners of enterprises who are not expressly exempted by the
following article shall be required to pay to workers, employees, or apprentices
employed by such enterprises the compensation provided in ' this chapter for
accidents and occupational diseases arising out of and in the course of the
employment, regardless of any fault (slight or serious) or negligence on the
part of the enterprise, or on the part of the workers, employees, or apprentices.
Art. 20. The following industrial accidents and occupational diseases „ are
expressly excepted from the provisions of this chapter, but are governed by
the provisions of the general laws or special laws pertaining thereto: (1)
Those to workers employed in enterprises or establishments having a daily
average of less than 25 wage earners, salaried employees, or apprentices;
(2) when there is fraud on the part of the enterprise or of the workers,
employees, or apprentices; (3) those to persons who perform casual work
distinct from that of the enterprise; (4) to home workers; (5) to members
of the family of the owner of the enterprise who work exclusively for him and
live under his roof; (6) to employees receiving more than 600 bolivars28 a
month; (7) to seamen and fishermen; (8) to workers, employees, or apprentices
in agricultural or stock-raising enterprises; the term “ agricultural or stockraising enterprises ” includes also all enterprises which engage in the prepara
tion of the products of agriculture or stock raising for the market, provided
such operations are carried on where such products are raised or by the
farmers or stock raisers in another place; (9) those to workers engaged in
woodcutting enterprises or in the extraction of natural products of the forest;
and (10) to workers, employees, or apprentices employed in enterprises whose
occupational hazards are covered by special legislation.
Art. 21. The results of accidents or occupational diseases which entitle
one to compensation in accordance with this law are classified thus: (1)
Death, (2) permanent total disability, (3) temporary total disabilty, (4) per
manent partial disability, (5) temporary partial disability.
Physical defects caused by an accident or occupational disease which do
not prevent the worker, employee, or apprentice from performing with equal
efficiency, the same class of work which he was capable of performing before
the accident occurred or the disease was contracted, shall not be considered
disabilities.
Art. 22. In case an accident or disease causes death, the relatives of the
deceased specified in the following article shall be entitled to compensation
equal to two years’ wages. This compensation may in no case exceed 15,000
bolivars regardless of the amount of the wage.
Art. 23. The following relatives of the deceased shall be entitled to claim
the compensation referred to in the preceding article: (1) Legitimate children
and illegitimate children whose parentage is lawfully proved, and who are
under 18 years of age; (2) unmarried daughters over 18 years of age, either
legitimate or illegitimate, whose parentage is lawfully proved; (3) sons over
* 1 bolivar at par = 1 9 .3 cents.
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18 years of age who because of a permanent physical defect are unable to earn
a living; (4) the widow, until she remarries; and (5) the father and mother,
if they were dependent on the deceased at the time of his death.
None of the persons specified above has a preferential right. In case the
compensation is applied for simultaneously or successively by two or more of
the said persons, the compensation is to be distributed among them equally.
The owner of an enterprise is exempt from all liability by payment of the
compensation to those relatives of the deceased who shall have made their
claim within three months following his death. At the expiration of this time
other relatives of the deceased shall have a right of action for their share
only against the relatives who received the compensation.
Art. 24. The right of action for compensation for industrial accidents or oc
cupational diseases terminates at the end of one year from the date of the
accident or the beginning of the occupational disease.
Art. 25. If an accident or occupational disease causes permanent total dis
ability for work, the injured worker shall be entitled to compensation equiva
lent to two years’ wages. This compensation shall in no case exceed 15,000
bolivars, regardless of the amount of the wage.
If an accident or occupational disease causes temporary total disability,
the injured worker shall be entitled to compensation equal to his wages for the
days during which he was incapacitated. This compensation shall in no in
stance exceed the wages for six months.
Art. 26. If an accident or occupational disease causes permanent partial
disability the injured worker shall be entitled to compensation, in the fixing
of which there shall be taken into consideration his wage and the reduction In
his earning capacity due to the accident. In no instance shall this compensa
tion exceed one year’s wages or the amount of 10,000 bolivars, regardless of
the amount of his wage.
If the disease or accident causes temporary partial disability, the injured
worker shall be entitled to compensation, in the fixing of which there shall
be taken into consideration his wages and his reduced earning capacity due
to the accident and the duration of the disability. In no instance shall this
compensation exceed his full pay for six months.
Art. 27. The wage wThich shall serve as the base in calculating the com
pensation which must be paid in accordance with the preceding articles shall
be the wage rate which the worker would have been entitled to receive on the
day when the accident occurred or the disease was contracted.
The periods of time fixed in said articles shall be counted by calendar days,
including the holidays provided for in this law.
Art. 28. A worker who is injured as the result of an industrial accident or
who contracts an occupational disease must, if he is able, notify the owner of
the enterprise, or his local representative or office, or the manager or person
in charge of the work where it occurred, within 24 hours thereafter. If he
fails to do this within the period stipulated, the enterprise will be exempt
from liability as regards medical, surgical, and pharmaceutical attention. In
this case, in fixing the compensation provided for in the preceding articles
there shall be taken into consideration the class, degree, and duration of the
disability had the medical, surgical, and pharmaceutical attention been promptly
given.
Art. 29. The Federal Executive, in regulating this law or by special pro
visions, shall establish rules for determining the kinds and degrees of dis
abilities caused by accidents and occupational diseases and the proper compen
sation, within the limits provided for in this chapter. Until the said regulations
are issued, experts shall make the decisions in accordance with the rules of
medical science.
Art. 30. Workers who suffer industrial accidents or occupational diseases
shall be entitled to the medical, surgical, and pharmaceutical attention which
is necessary as a consequence of such accidents or diseases.
In case of death, the owner of the enterprise which is liable is required to
pay the funeral expenses, which shall be according to the station of the de
ceased and in conformity with local customs. In no instance shall these
expenses exceed 300 bolivars.
The funeral expenses and the costs of medical, surgical, and pharmaceutical
attention can not be deducted from the compensation, which must be paid in
conformity with the preceding articles.
Art. 31. When enterprises liable for accidents or occupational diseases have
hospitals, clinics, or similar establishments which have been declared by the
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Bureau of National Health to be adequate to provide the medical, surgical, and
pharmaceutical attention referred to in the preceding article, said enterprises
shall have the right to give said attention in their own establishments and the
workers may not seek to have such attention rendered elsewhere.
Art. 32. If workers who have suffered accidents or occupational diseases
refuse repeatedly to submit to the directions, regimen, and treatment prescribed
by the attending physicians, the enterprise shall be exempt from liability as
regards the medical, surgical, and pharmaceutical attention.
In this case the compensation provided for in the preceding articles shall be
calculated, taking into account the kind, degree, and duration of the disability
had they complied with such directions, regimen, and treatment.
Art. 33. Diseases not of an occupational origin, but which are contracted by
reason of residence in places where the work is carried on and which are
endemic in said places, such as malaria, hookworm disease, etc., shall not
entitle those suffering therefrom to compensation, but only to medical, surgical,
and pharmaceutical attention in the hospitals, clinics, or establishments referred
to in article 31, where there are such establishments.
Art. 34. By “ occupational diseases and poisoning ” shall be understood those
produced by substances which shall be determined by the Federal Executive
in regulating this law, when they have been contracted by workers, employees,
or apprentices who work in industries in which said substances are manufactured
or used.
Art. 41. Governors of the States, the Federal District, and the Federal Terri
tories shall serve as arbitrators in settling differences regarding working days,
maximum duration thereof, occupational hazards, and the fixing of w^ages and
salaries, providing that in each case said questions have been voluntarily sub
mitted by the owners or employers as well as by the employees or workers,
and that said questions have caused or may cause the closing or the paralyzation
of one or several industries.
The decisions of said arbitrators may be appealed from by either of the
parties to the Minister of Interior Relations. The decision of this official
shall be final.
If the parties do not agree to submit the question to arbitration, either one
has a right to appeal to the courts.
REGULATORY DECREE OF AUGUST 13, 1923
Chapter 1.—Preliminary provisions
Article 1. By “ employer ” is understood the individual or corporate owner
of the enterprise, operation, or establishment where the work is carried on.
Art. 2. By “ worker ” is understood one who regularly performs manual work
outside of his home for another for remuneration* whether he uses his hands
alone or uses tools, apparatus, or machines. Those who, although not actually
performing the work, prepare or supervise the work of other workmen, such as
watchmen, foremen, timekeepers, overseers, and similar employees, are also
to be considered workers.
Art. 3. By “ apprentice ” is understood one who, though not having the
necessary knowledge, works under the conditions indicated in the preceding
article and acquires such knowledge through the work itself and for this reason
does not receive any remuneration or receives less than that which is usually
paid for the kind of work he performs.
Art. 4. By “ employee ” is understood one who has charge of the adminis
tration and management of an enterprise, operation, or establishment; those
who assist in such administration and management as cashiers, secretaries,
accountants, and similar employees; and also those who, without actually
performing the said work themselves, supervise or prepare the work of
employees.
Art. 5. By “ wage” is understood the daily remuneration which workers
and apprentices receive, and by “ salary ” that received by employees, whether
said remuneration is paid by the hour, by the piece, or by the job.
In determining salaries and wages there shall be considered, in addition to
the part received in money, the amount represented by other compensation
which employees and workers receive, such as maintenance, lodging, laundry,
and similar services.
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W O R K M E N ’ S COM PENSATION LEGISLATION
In determining salaries and wages which are paid by the piece or by the
job, there shall be calculated the remuneration for the piecework or jobs
which the worker or employee usually performs in 9 hours of continuous work.
In no instance shall the daily wage be considered as less than 2 bolivars,
even in the case of apprentices who receive no remuneration or workers who
receive less pay.
Chapter 2.—Regulations for determining disabilities and the compensation
therefor
Art. 6. For the purposes of article 25 of the labor law, the following shall
be considered as permanent total disabilities: (1) The total loss of both arms
or both legs, or one arm and one leg, or the loss of the essential parts thereof,
the hand and the foot being considered as essential parts; (2) the total loss
of the right arm above the elbow joint; (3) the total and permanent loss of
movement equivalent to complete mutilation of the extremities indicated in
the two preceding numbers; (4) the loss of both eyes, understanding by this
either the destruction of the organ or the total loss of vision; (5) the loss of
one eye with a diminution by more than one-half of the vision of the other;
(6) incurable mental derangement; (7) organic or functional injury to the
brain, or to the respiratory and circulatory systems, due directly and imme
diately to the mechanical action of the accident, and which is reported incur
able; (8) all injuries similar to those mentioned above which cause similar
disability.
Art. 7. The permanent partial disabilities specified below shall be com
pensated with an amount equivalent to the number of day’s wages fixed for
each one, but in no case may said compensation exceed the maximum number
of bolivars indicated for each disability.
Disability
Maximum
amount
Days (bolivars)
Loss of left arm above elbow joint------------------------------------------ 300
8,100
Loss of either forearm up to elbow joint______________________ 270
7, 300
Loss of a hand_____________________________________________ 200
5,400
Total loss of a thumb------------------------------------------------------------ 100
2, 700
Total loss of any other finger_________________________________ 50
1,350
Total loss of thumb and another finger of the same hand______ 130
3,400
4, 000
Total loss of thumb and 2 other fingers of the same hand_______ 150
Total loss of thumb and 3 other fingers of the same hand_______ 170
4, 600
Total loss of thumb and all other fingers of the same hand_____ 195
5, 300
Total loss of 2 fingers of the same hand, other than the thumb___ 90
2, 500
Total loss of 3 fingers of the same hand, other than the thumb___ 120
3, 300
Total loss of 4 fingers of the same hand, other than the thumb__ 150
4, 000
Loss of 2 phalanges of any finger------------------------------------------ 30
800
Loss of 1 phalange of any finger other than the thumb_________ 20
540
Loss of the distal phalange of the thumb______________________ 50
1,350
Loss of 1 or 2 phalanges of more than 1 finger simultaneously:
For the distal phalange---------------------------------------------------- 20
540
For each of the other phalanges----------------------------------------- 10
270
Complete loss of leg-------------------------------------------------------------- 250
6,800
Loss of leg from the ankle to the knee----------------------------------- 200
5,400
Loss of foot up to the ankle__________________________________ 150
4,100
Loss of any toe of the foot--------------------------------------------------- 30
800
Loss of 2 or more toes of the foot simultaneously:
For the first toe________________________________________ 30
800
For each of the other toes_______________________________ 15
400
Loss of vision in 1 eye----------------------------------------------------------- 250
6, 800
Loss of hearing in 1 ear only-------------------------------------------------- 60
1,600
Loss of hearing in both ears_________________________________ 200
5, 400
When two or more of the disabilities provided for in this article occur
simultaneously, the following rules shall apply:
1. If the concurrent disabilities constitute one of the cases specified in article
6, the disability shall be considered permanent total and therefore subject
to the compensation established in article 25 of the labor law.
2. If the concurrent disabilities are not provided for in the preceding rule,
the compensation which must be paid shall be equivalent to the sum of the
compensation fixed for each one of the disabilities which may have occurred.
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but the total amount thereof shall not in any case exceed one year’s wages
nor the amount of 10,000 bolivars, regardless of the amount of the wage.
Art. 8. Compensation for disabilities not provided for in the table in the
preceding article shall be determined by experts in conformity with the pro
visions of the labor law and this regulation and the rules of medical science.
Chapter 3.—Occupational diseases
Abt. 9. The following shall be considered occupational diseases and poison
ings, provided they have been contracted by employees, workers, or apprentices
who, at the time of contracting the disease or within the six months prior
thereto, had worked in the industries which are specified for each disease:
(1) Anthrax contracted in industries which use wool, hair, bristles, hides,
and skins.
(2) Poisoning by (a) lead; (&) mercury; (o) phosphorus; (d) arsenic; (e)
wood alcohol; (f) nitro and amido derivatives of benzene, such as dinitrobenzol, anilin, and others; (g) nitrous fumes; (h) tetraehlormethane or any other
substance used as or in conjunction with a solvent for acetate of cellulose,
and also the sequelae of these poisons—contracted in industries which produce
or use such substances or their derivatives.
(3) Chrome ulceration and it sequelae, contracted in industries which pro
duce or use chromic acid, bichromate of ammonium, potassium, or sodium, or
their preparations or derivatives.
(4) Dermatitis contracted by working with woods such as jabillo and
others.
(5) Epitheliomatous cancer and ulceration of the skin or of the cornea of
the eye, contracted in industries which produce, extract, or use pitch, tar,
asphalt, mineral oil, petroleum, paraffin, and all other compounds, products, or
residue of any of said substances.
(6) Glanders, contracted in industries which involve the care or use of
equine animals or of the carcasses or offal thereof.
(7) Cataracts of glassworkers, contracted in the manufacture of glass and
all other industries which involve exposure to the glare of molten glass.
(8) Compressed-air illness, in industries which use compressed air.
(9) Miners’ diseases, such as (a) miner’s nystagmus, (&) subcutaneous cel
lulitis of the hand, (c ) subcutaneous cellulitis of the knee, (d) acute inflam
mation of the membrane of the elbow, and (e) synovitis of the wrist joint.
MEXICAN STATES
AGUASCALIENTES
PART 8 OF THE LABOR LAW OF 1928
Chapter 1.—Liability for industrial accidents and occupational diseases
Article 337. By “ industrial accidents ” is meant all injuries, external or
internal, and all nervous or physical disorders suffered by the worker, arising
out of or in the course of his work, which result in death or temporary or
permanent disability.
Art. 338. Occupational diseases are all organic changes brought about by or
developed in the regular performance of the work, and which cause temporary or
permanent disability or death.
A rt. 339. By “ disability ” is meant the loss or abnormal functioning of any
of the physical members or mental faculties of the worker, which renders him
unable to perform efficient work in the business or occupation in which he was
engaged.
Art. 340. Employers are directly liable for industrial accidents and occupa
tional diseases suffered by the workers, arising out of or in the course of their
occupation or work.
Art. 341. The liability of the employer exists even when the employer con
tracts out the work through intermediaries.
Art. 342. For the purposes of this lawT, the worker who ordinarily works
alone will not be considered an employer when he occasionally engages the
services of one or more of his fellow workers.
Art. 343. The right to compensation may be reduced or extinguished when
the injured party has caused the accident in the commission of an intentional
misdemeanor against another or others, it being declared such in a criminal or
civil case.
Art. 344. If any of the heirs of the injured party has provoked the accident,
he shall receive no compensation in case of the death of the wrorker.
Art. 345. Employers shall be considered at fault when industrial accidents
are suffered by women and children, unless there are proofs to the contrary.
Art. 346. When a worker is incapacitated for the performance of his work,
or dies, because of an occupational disease contracted in the exercise of his
duties, he or his family shall have a right to the compensation provided by this
law, in accordance with the rules thereof and the following conditions:
(1) The disease must be declared to be the result of the kind of work
performed by the injured party during the year preceding his disability.
(2) Compensation shall not be paid if it is proved that the worker showed
symptoms of the disease prior to his entering upon the work he has had to
abandon.
(3) Compensation shall be exacted from the last employer for whom the man
worked, during the year referred to, in the occupation due to whose nature
the disease was contracted, unless it can be proved that the illness was con
tracted in the service of another enterprise, in which case the latter shall be
liable.
(4) When, due to the nature of the disease, it may have been contracted
gradually, the employers in whose service the worker had been employed during
the preceding year on the type of work causing the disease shall be required
to indemnify proportionally the last employer for the compensation paid by
him, and in case of controversy the proportion shall be determined by the
board of conciliation and arbitration.
Art. 347. Within the meaning of this law, employers of large industries,
regardless of the class of work performed, shall be subject to the liability
established by article 340.
Art. 348. Liability of the employers in case of accidents shall not be abro
gated because of proven inability, incompetence, intoxication, or negligence of
the worker. Employers are required to make suitable rules, and to see that
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TEXT OF LAW S— AGTTASCALIENTES
191
the workers have the required ability and full use of the faculties needed to
perform the work assigned to them. Therefore, this liability ceases only when
it has been proved that the accident was due to fraud on the part of the person
injured, an unforeseen happening or force majeure not relating to the nature
of the work, or that the illness of the worker or employee is the natural con
sequence of some immoral act or crime, which shall be determined by a
physician.
Art. 349. The liabilities established by this law do not exempt employers
from those imposed by the penal law.
Chapter 2.—Compensation and pensions
Art. 350. The liability of employers for industrial accidents and occupational
diseases shall be discharged by means of compensation, pension, or relief.
Art. 351. Said compensation and pensions shall begin to run from the day
immediately following the accident or declaration of illness.
A rt. 352. Those suffering from occupational diseases or industrial accidents
shall receive their entire salary up to and including the last day on which
they worked, even though the latter was only part of a day.
Art. 353. In case of industrial accidents or occupational diseases, the em
ployer shall be required to provide medical and pharmaceutical attention for
the injured or sick worker until he has recovered sufficiently to return to his
work, or until his death, or until a physician has declared him to be perma
nently disabled.
Art. 354. In cases of industrial accidents or occupational diseases, the
employer is also bound to reemploy the worker in his position as soon as
he recovers, or to give him work compatible with his ability after the accident
or illness.
Art. 355. The mere fact that the worker has suffered an industrial accident
or occupational disease entitles him to all the medical attention, wages, com
pensation, and pension due him under the provisions of this law, and he may
demand payment before the board of conciliation and arbitration personally
or through his authorized representative.
Art. 356. The compensation to be paid by employers varies according to the
nature of the accident or occupational disease suffered by the worker, the
length of time he has worked, and whether or not such accident or disease
results in one of the following conditions: (1) Death, (2) permanent total
disability for all work, (3) permanent partial disability, (4) temporary
disability.
Art. 357. Compensation benefits shall be paid by the employer as follows:
(1) When the accident or occupational disease causes, either immediately or
later, the death of the worker, the employer shall give to his relatives at least
50 pesos for funeral expenses and compensate the family of the deceased with
a sum of money equal to two year’s wages.
(2) If, as a result of an industrial accident or occupational disease, the
worker suffers a permanent total incapacity for all work, such as blindness,
paralysis, loss of the fingers or of the hands, legs, etc., the employer must
pay the injured person as compensation an amount equal to four year’s wages.
(3) If, as a result of an industrial accident or occupational disease, the
worker suffers a permanent partial disability, the compensation shall be an
amount equal to two year’s wages.
(4) If the industrial accident or occupational disease produces only a tem
porary disability, the employer shall give the injured person his entire wage
under the labor contract, paying him in addition the cost of doctor and medi
cines from the day on which the accident or illness rendered him unable to
work until he is in condition to return to his work, or until, in the judgment of
the physician, the worker no longer requires such assistance.
Art. 358. All traumatic injuries leaving painful deformity, ankylosis, or a
permanent and visible scar shall be compensated as permanent partial disa
bility.
Art. 359. Compensation shall be paid in a lump sum in legal currency.
Art. 360. Compensation for accidents and occupational diseases shall be paid
the injured worker, when he survives, 10 days after his complete recovery
and the attending physician or physicians have given their detailed report
of the results of the accident or disease. In case there is a controversy and
the matter is submitted to the board of conciliation and arbitration, payment
shall be made as soon as a decision is rendered.
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A rt. 361. In case of death compensation shall be paid 10 days a fte r it is
determined, as in the preceding article, with the same exception.
A rt . 362. Those having the right to the compensation provided for in para
graph (1) of article 357, in the order of their preference, are:
(1)
The lawful wife; (2) legitimate and recognized illegitimate minor
children represented by their paternal grandparents or, if there are none, the
maternal grandparents; (3) if there is no wife nor children, the lawful or
recognized natural mother; (4) if there is no wife, children, nor mother, the
lawful or recognized natural father; (5) if there are none of the foregoing, the
brothers and sisters; and in case there are none of the latter, the persons
with whom the deceased had been living, if he was under obligation to support
them.
A rt. 363. In no case may the payment of compensation for accidents and
occupational diseases be made without the intervention and in the presence
of the proper board of conciliation, which will give the employer a legal receipt.
A rt. 364. The pensions and compensation specified in this law and which
arise out of an accident or occupational disease shall be computed on the maxi
mum wage of the injured person for the year immediately preceding the
injury, but in no case shall a wage of over 1,000 pesos1 per year be adopted
as the base.
Art. 365. The detailed report of the company physician concerning the acci
dent or occupational disease and its effects will not of itself be evidence if the
deceased or his heirs do not agree thereto, and in such case the local board of
conciliation and arbitration, or in lieu thereof the highest municipal authority,
in agreement with the interested parties, shall name another, who shall be
charged with making the report specified.
A rt . 366. In order to determine the compensation due apprentices, the cost
of the training which they have received, as well as the cost of their main
tenance and the amount of money they have received, shall be taken into
consideration.
Art. 367. In place of the compensation fixed the employer may provide a life
pension equivalent to 20 per cent of the annual wage of the injured worker,
provided he or his heirs agree thereto and the employer guarantees the said
pension. In order to make such an agreement valid, the approval of the
Department of Labor shall be necessary, and if this body deems such agree
ment prejudicial to the interests of the parties, it may withhold its approval.
A rt. 368. Such pensions cease if the widow remarries or lives in con
cubinage or as a prostitute, in which case she loses all right thereto. Children
or grandchildren lose their right to pensions when they have attained the age
of 18 years.
A rt . 369. The provision in article 367 shall be observed when the employer
proves that he is financially unable to pay the amount of the compensation
immediately.
A rt . 370. The employer may, with the approval* of the Department of Labor
in each case, discharge his liability for compensation by taking out, at his own
expense, insurance in favor of the worker in a duly constituted insurance com
pany, which shall be one of those accepted for that purpose by the department,
provided the employer complies with all the stipulations of the policy so that it
may be effective in case of an industrial accident or occupational disease, and
the amount that the worker or his heirs will receive is not less than the
amount prescribed by this law. If the value of the policy is less than the
amount due them, the employer shall cover the shortage, and if the amount
is greater, it shall accrue to the worker.
A rt . 371. The payment of a pension shall not invalidate the right to com
pensation and vice versa.
A rt . 372. Pensions shall be paid weekly or monthly, are demandable, and
shall have all the privileges and exemptions which this law prescribes for the
minimum wage.
A rt . 373. Pensions may be commuted to a lump-sum payment on agreement of
the parties, and in cases involving minor children, with the consent of their
parents or guardians. The amount of the lump-sum payment will be the present
value of the pension, based on the life expectancy of the holder.
A rt . 374. Amounts due workers as compensation shall have the same prefer
ence as wages over all other credits, and they shall not be subject to attachment,
setoff, nor discount.
*1 peso at p ar= 4 9 .8 5 cents.
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TE X T OF LAW S— AGTJASCALIENTES
Art. 375. Workers have the right, in their labor contracts, to fix the compen
sation or pension in the case of performance of work which is manifestly
dangerous or harmful to the health.
Art. 376. Compensation and pensions may be increased 50 per cent when the
accident or occupational disease has been caused by negligence on the part of
the employer as follows: (1) By lack of appropriate safety devices; (2) by
poor distribution of the work, or orders by the employer the execution of which
is dangerous or extrahazardous; (3) by defects in the machines, buildings,
structures, etc., prior to the accident; (4) by an insufficient number of workers
to perform the work given to the deceased.
Art. 377. If the disease of the worker was not occupational and if the acci
dent was due to his imprudence because he was in an intoxicated condition
at the time of the accident, and if this is proved by witnesses or a doctor’s
certificate, the employer shall not be required to compensate the person injured
except in the manner following:
(1) If the accident is due to the imprudence of the worker because he was
in an intoxicated condition, the employer shall be required to defray the
expenses of the cure, allowing the worker only 50 per cent of his wages and
reducing the compensation or pension benefits due him to one-half the amount
as provided by the different paragraphs of article 357 of this law.
(2) In the case of ordinary illness, employers are required to pay the workers
their entire wages during the first 30 days only, 50 per cent thereof during the
two succeeding months, and 25 per cent during the following four months. If
death results, they shall pay funeral expenses of not less than 50 pesos and
shall give to the relatives, as a gratuity and not as compensation, an amount
equal to two months’ salary.
(3) If the illness of the worker was the consequence of some immoral act,
or if he died because of a wound suffered in a quarrel, he shall not be entitled
to wages nor to medical attention from the employer during the sickness, save
what the generosity of the latter may grant him, and in the event of death the
employer has only to defray the funeral expenses.
A r t . 378. In case of ordinary illness the worker does not lose his right to the
position he occupies, nor his share in the profits, unless he is ill for more than
six months.
A r t . 379. Disputes over compensation for industrial accidents and occupa
tional diseases shall be decided, in accordance with this law, by the Central
Board of Conciliation and Arbitration.
Ch apter
3.—Guaranties
A r t . 380. The pensions and compensation which must be paid by employers
for industrial accidents or occupational diseases may be guaranteed:
(1) By the bond of a company approved by the Federal or State Government.
(2) By a mortgage on real estate or the deposit of public bonds or other
security considered sufficient in the judgment of the board of conciliation and
arbitration in accordance with the orders of the Department of Labor.
(3) By the deposit of premiums on the capital representing the pension in
a credit institution specified by the board of conciliation and arbitration and
approved by the Department of Labor.
A r t . 381. For the purpose of calculating the security in respect to life pen
sions the following shall be taken as the base.
Life expectancy table
Age
5 years_____________________
10 years___________________
15 years____________________
20 years____________________
25 years____________________
30 years____________________
35 years____________________
40 years
_____________ ___
45 years
_______________ _
Probable Life ex
age
pectancy
(years)
(years)
83.0
39.0
39.5
42.0
45.5
49.5
54.0
59.0
61.5
28.0
29.0
24.5
22.0
20.5
19.5
19.0
19.0
16.5
Age
50 years_____________ ______ _
55 years____________________
60 years_______ ____________
65 years________ _____ ______
70 years_________ ____ ______
75 years____________________
80 years__________ __________
85 years____________________
90 years____________________
Probable Life ex
age
pectancy
(years)
(years)
62.0
66.0
68.5
75.0
78.5
83.5
85.0
87.5
0
12.0
11.0
8.5
10.0
8.5
8.5
5.0
2.5
0
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Art. 382. Provisions in the Penal Code relative to fraud, which refer to
fraudulent omission and subterfuge for the purpose of eluding payment of
pensions, are applicable to all the provisions relative to guaranties.
Art. 383. In case of bankruptcy of the insurance or bonding company, the
funds set apart to pay the insurance against industrial accidents and occupa
tional diseases shall not be included in the assets of the bankrupt, and in case
the funds so reserved are insufficient, the obligation to pay the compensation
shall revert to the employer taking out the insurance.
Art. 384. Insurance taken out in favor of one or more workmen by the em
ployer does not relieve the latter of other obligations and liabilities which he
may incur under this law, and the worker may look to the insurance company
or to his employer, as he chooses, for payment.
CAMPECHE
CHAPTER 20 OF THE LABOR LAW OF 1925
257. For the purposes of this chapter, there will be understood:
1. By “ compensation,” the amount to which a worker is entitled for an
injury suffered by him as a consequence of the work.
2. By “ accident,” every bodily injury which the worker suffers arising out
of or in the course of the work, causing death or a temporary or permanent
incapacity to continue his work.
3. By “ occupational disease,” that which is contracted and develops during
the usual course of the work and as a consequence thereof, causing the worker’s
death or a temporary or permanent incapacity for work.
4. By “ beneficiary,” the person or persons to whom in case of death [of
the injured worker] the specified compensation should be paid.
5. By “ children,” the legitimate children and those legally legitimated,
recognized, or adopted before the accident, as well as those who prove under
the law that they have the status of legitimate children.
6. By “ average weekly wages,” the average amount earned by the worker,
taking into consideration the weekly wages he earned under the last employer,
in whose service the accident occurred, whether it was in his usual work
during regular working hours or in overtime work.
7. By “ permanent total disability,” that which prevents the worker from
doing any kind of work for the rest of his life; by “ permanent partial dis
ability,” that which prevents him from doing the work which he was doing at
the time of the accident, for the rest of his life; by “ temporary disability,”
that which, prevents him from working for a certain length of time only.
Art. 258. Employers are civilly liable under the provisions of this law for
industrial accidents and occupational diseases of the workers, being required
to notify the municipal authority of the place immediately of any industrial
accident which occurs in their business.
Abt. 259. The basis in fixing the compensation shall be the average weekly
wage, which may not be more than 35 pesos nor less than 6 pesos a week.
Abt. 260. The average weekly wages of the worker who receives his wages
on a monthly basis shall be obtained by dividing the monthly wage by 30 and
multiplying this amount by the number of days in a week which he usually
works.
Abt. 261. As regards the wage which should be paid the worker during the
healing period and while the final compensation is being paid, said payment is
subject to a maximum of 20 pesos and a minimum of 6 pesos a week.
Abt. 262. All employers in the State are required to compensate their work
ers or their beneficiaries when said workers suffer accidents or occupational
diseases as a consequence of the execution of the work, on the basis fixed in
the following schedule:
A r t ic l e
Schedule
Weeks
1. Accident which, due to the injury suffered, causes death, whether in
stantaneously or not, subject to this law----------------------------------------150
2. Permanent total disability_________________________________________175
3. Loss of an arm between the elbow and the shoulder joint____________ 80
4. Loss of a forearm up to the elbow---------------------------------------------------- 75
5. Loss of a forearm between the wrist and the elbow__________________ 60
6. Total loss of one hand_____________________________________________ 55
7. Loss of a thumb and its metacarpal bone------------------------------------------- 25
8. Loss of two phalanges of the thumb________________________________ 10
9. Loss of an index finger and its metacarpal bone_____________________ 12
10. Loss of three phalanges of the index finger___ :_____________________
8
11. Loss of the last two phalanges of the index finger___________________
7
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Weeks
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
Loss of one-half or more of the last phalange of the index finger____
5
Loss of a middle finger and its metacarpal bone____________________
12
Loss of three phalanges of the middle finger________________________
7
6
Loss of the last two phalanges of the middle finger_________________
Loss of one-half or more of the last phalange of the middle finger____
5
Loss of a ring finger and its metacarpal bone_______________________
10
Loss of three phalanges of the ring finger__________________________
6
Loss of the last two phalanges of the ring finger-------------- :___________
5
Loss of one-half or more of the last phalange of the ring finger______
4
Loss of a little finger and its metacarpal bone_______________________
8
Loss of three phalanges of the little finger__________________________
5
Loss of the last two phalanges of the little finger____________________
4
Loss of one-half or more of the last phalange of the little finger_____
3
Loss of a leg close to the hip, which prevents use of an artificial limb— 70
Loss of a leg between the knee and the thigh, which allows the use of
an artificial limb------------------------------------------------------------------------- 55
Loss of a leg between the knee and the ankle------------------------------------- 50
Loss of a foot up to the ankle---------------------------------------------------------- 50
Loss of two phalanges of the big toe of the foot or its metatarsal bone—
7
6
Loss of two phalanges of the big toe of the foot-------------------------------Loss of the last phalange of the big toe of the foot__________________
5
5
Loss of any other toe of the foot and its metatarsal bone______________
Loss of any other toe of the foot, up to its metatarsal bone_________
3
Loss of one-half or more of the last phalange of any toe of the foot—
2
Loss of an eye by enucleation_____________________________________ 45
Total loss of vision of one eye, without enucleation, within one year_49
Over 50 per cent impairment of vision in one eye_____________________ 12
Over 50 per cent impairment of vision in both eyes_________________
35
Loss of hearing in one ear_________________________________________ 12
Loss of hearing in both ears_____________________________ ^------------- 35
Over 50 per cent impairment of hearing____________________________ 18
Bone fractures:
(a) Fracture of the collar bone_______________________________
4
(b) Fracture of the body of the humerus_____________________
5
3
(c) Fracture of the shoulder blade___________________________
(d) Fracture of each rib____________________________________
4
(e) Fracture of the head of the humerus_______________________
6
( f ) Fracture of the forearm between elbow and wrist, whether of
the radius or the ulna, for each of the bones_____________
4
For both bones_______________________________________
5
(g) Fracture of the olecranon________________________________
6
(h) Fracture of the wrist_______________________________ _____
4
(£) Fracture of the hip at its articulation with the femur or with
the trunk----------------------------------------------------------------------- 10
(/) Fracture of the body of the femur________________________
6
(fc) Fracture of the knee or knee cap_________________________
8
(I) Fracture of the ankle-------------------------------------------------------4
(m) Fracture of the tibia or the fibula________________________
5
in) Fracture of the tibia and the fibula_______________________
7
(o) Fracture of the skull, when not causing total or permanent
disability----------------------------------------------------------------------6
(p) Fracture of one or of several bones of the face____________
6
Sprains, ruptures, or dislocations:
(a) Of the shoulder_________________________________________
6
(b) Of the elbow____________________________________________
5
(c) Of the wrist_____________________________________________
4
(<Z) Of the hand-------------------------------------------------------------------3
(e) Of the hip_________________________ _____________________
8
if) Of the knee----------------------------------------------------------------------6
(ff) Of the ankle_____________________________________________
5
(h) Of the foot_________________________________ ’-------------------6
Disease or injury in any of the joints mentioned above, when the symp
toms are objective, 50 per cent of that expressed in item 43; when
the symptoms are merely subjective, 20 per cent
TE X T OF LAW S— CAM PECH E
1 97
Weeks
45. Permanent stiffening (ankylosis) of any of the joints mentioned above,
when accompanied by partial loss of function and not included in the
other provisions of this article:
(a) Of the shoulder------------------------------------------ ---------------------8
(5) Of the elbow____________________________________________
6
(c) Of the wrist_____________________________________________
5
(d) Of the hand or all of its fingers___________________________
4
(e) Of the knee_____________________________________________
8
(f) Of the ankle or of the foot________________________________
4
48. Partial loss of function following an accident, which is not provided
for above, 25 per cent in addition to the compensation fixed for the
particular accident.
47. Loss of teeth or molars, for each tooth or molar lost_________________
2
or the substitution of false teeth by a competent dentist.
48. Mental derangement resulting from an accident, when appearing within
one year from the date of such accident, and subject to the provisions
of the following article_________________________________________ 150
A rt. 263. In case of mental derangement resulting from an accident the
em ployer is req u ired to provide m edical a tte n tio n fo r a period n o t exceeding
one y ear from th e d a te of th e accident. T he com pensation fixed in item 48
of th e preceding artic le sh all be p aid in accordance w ith th e provision of
a rtic le 273.
A rt . 264. In case of h ern ia, th e w o rk er m u st prove fu lly th a t i t is of recent
origin, th a t its appearan ce w as p ain fu l, an d th a t it w as im m ediately preceded
by some e x tra o rd in a ry e x ertio n in th e course of th e w o rk ; if th e above is proven,
th e em ployer is req u ired to fu rn ish th e w o rk er w ith m edicines an d h o sp ital care,
if th ey a re necessary, as w ell a s m edical an d su rg ical a tte n tio n , according to
th e case, paying in ad d itio n h is fu ll w ages fo r a period no t exceeding two
m onths and fu rn ish in g him th e m eans fo r an operation fo r said h e rn ia. I f th e
w orker does not choose to su b m it to a n o peration w hen th is is necessary in
th e opinion of th e physician, th e em ployer w ill be exem pt from a ll liab ility , an d
if th e w orker should die because of fa ilu re to be operated on, a fte r h av in g th is
opportunity, th e em ployer w ill be u n d e r no obligation w h atev er to p ay compen
sation.
Art . 265. In case of a n accident w hich causes an in te rn a l in ju ry o r a fra c tu re
of th e tru n k of th e body, of th e neck, of th e head, or any o ther m em ber o r organ
fo r w hich no special com pensation is fixed in th is law or w hich produces to ta l
or tem p o rary d isability , th e em ployer sh all be req u ired to fu rn ish th e in ju re d
w orker w ith h o sp ital service an d to pay him fu ll w ages u n til h e is cured an d
fo r a period n o t to exceed one y e a r from th e d a te of th e accident. I f a t th e
end of th e y e a r a fte r th e accident b u t n o t before, unless by m u tu al agreem ent,
th e w orker chooses to leave th e em ployer’s care, h e sh all be com pensated in
th e follow ing m anner.
Art . 266. I f th e w orker, w ith o u t being cured, p re fe rs to leave th e care o f
th e employer, h e sh all advise th e p ro per conciliation bo ard of such fact, m aking
a statem en t of release of liab ility to him , an d if upon in v estig atio n th e em ployer
is found not to be a t fa u lt, th e w orker sh all have no rig h t to an y o th e r
com pensation o r benefit th a n th a t w hich he m ay have received u n d e r th e
previous article. In case th e w o rk er o r th e em ployer objects to th e decision
rendered by th e conciliation board, he m ay subm it th e case to th e C en tral
B oard of C onciliation an d A rb itra tio n .
A rt. 267. T he loss of both han d s, o r both legs above th e knee, o r b oth eyes,
or a fra c tu re of th e spine w hich causes com plete p a ra ly sis of th a t p a r t o f th e
body w hich is below th e p o in t of fra c tu re , sh all be considered p erm an en t to ta l
disability.
A rt. 268. T he com plete loss of fu n ctio n of th e han d , th e leg, th e arm , or th e
foot of any w orker sh all be considered th e loss o f said m em ber.
Art . 269. I f a w o rk er who h a s previously suffered an accid en t is in ju re d
in a second accident, com pensation w ill be fixed in accordance w ith th a t p ro
vided by th is law , ta k in g in to consideration th e re s u lta n t effects of th e tw o
accidents an d th e p ay m en t or paym ents w hich he h a s or should h av e received
under th e schedule in a rtic le 262.
A rt. 270. In all cases o f accidents suffered w hile a t w ork, th e em ployer is
required to give th e in ju re d w o rk er fu ll w ages fo r tw o m onths, h o sp ital care,
m edicines and tre a tm e n t fo r th e tim e necessary, a n d a fte r th e tw o m onths'
198
w o r k m e n ’s c o m p e n s a t io n
l e g is l a t io n
disability a weekly amount equal to one-half of his average wage. When
the worker has recovered sufficiently, in the judgment of the attending physi
cian, to return to work, the employer shall pay the compensation which is
applicable to the case. Under no circumstances shall the cost of the worker’s
medical attention nor the amounts given him during his illness be deducted,
unless the latter have been paid as part payment in advance of the final
compensation.
Art. 271. If the worker suffers an occupational disease, he shall have a
right to receive, in addition to medical service and medicines, his full wages
until he has fully recovered, provided this occurs within a year.
Art. 272. In case of minor accidents which cause only sores, bruises, minor
luxations, or fractures which are not specified in this law, and which do not
cause the loss of any member, the employer is required to furnish the injured
worker with hospital service and to pay him his full wages until he is cured,
as well as to give him his job back when he is able to return.
A rt. 273. The payments made to beneficiaries on account of accidents or
diseases shall be made according to this law, with judicial intervention, in
the following order:
1. To the surviving spouse, to the minor children, and to the incapacitated
adult children supported by the parents.
2. If the above beneficiaries are lacking, to the parents who have been sup
ported by the deceased workers.
3. If the persons specified in the preceding paragraphs are lacking, to the
minor brothers and sisters whose dependence on the deceased is fully proved.
4. If the persons enumerated in the previous paragraphs are lacking, to the
woman who has lived with the deceased worker or has kept house for him
during the last year of his life, which must be duly proved.
A rt. 274. The amount obtained as compensation for the death of the worker
shall be distributed to the beneficiaries in the proportion which the civil law
specifies for such heirs.
Art. 275. Action for final compensation shall be by writ of attachment,
the application therefor in each case being accompanied by the following:
1. The labor contract, if it is in writing, or proof thereof, if it was oral.
2. The requisite certificates from the Bureau of Vital Statistics.
3. Medical certificates of health or death certificates.
4. Proof that the accident or occupational disease arose out of or in the course
of the work of the defendant employer.
For the purposes of this article the writ of attachment may be based on
testimony as to the existence and conditions of the oral contract and the
facts referred to in paragraph 4 of the preceding article.
Art. 276. In case of the death of a worker who has contracted an occupa
tional disease, the death certificate issued by the attending physician must
state whether the death was caused by said disease or by other suffering inde
pendent thereof. If there is a disagreement between the parties, they shall se
cure the opinion of specialists and proceed in accordance with chapter 8, Part
IV, of the Code of Civil Procedure of the State. Should the death occur without
medical attention, the rights of the relatives remain unaffected if they are
pleaded in the form required by law.
Art. 277. If the worker dies from a disease other than the accident, no com
pensation will be allowed for his death; but his beneficiary receives com
pensation according to the nature of the accident suffered.
Art. 278. The employer shall not be required to pay compensation for
accidents occurring in his employ in the following cases:
1. When a person not in his employ suffers an accident.
2. When the accident originated from a criminal act.
3. When it occurred because of disobedience or nonobservance on the part
of the worker of the regulations, instructions, notices, warnings, or safety
measures which were posted or established for his information and protection.
4. When it resulted as a consequence of the injured worker having violated
some of the provisions of article 280.
5. When the worker suffered the accident because of being intoxicated.
Art. 279. In order to prevent accidents, employers must post in dangerous
places, or those to which entrance is forbidden, clear and definite warnings, so
that there may be general knowledge thereof.
Art. 280. In order to prevent accidents workers are prohibited from—
1. Removing, damaging, destroying, or taking away any safety device or
means of protection in the work place;
TEXT OP LAW S— CAM PECH E
199
2. Effacing, destroying, removing, concealing, or damaging any notices or
other warnings which have been posted for the information and protection of
the workers;
3. Obstructing in any way the proper use of any safety device, means of
protection, notice, or warning;
4. Making difficult the use of any measure or procedure. which has been
adopted for the protection of the workers in the work places;
5. Neglecting or omitting to do everything reasonably necessary to protect
the life of the worker himself, or the lives of his coworkers; and
6. Disobeying any oral instructions which have been given them by their
superiors for their own protection.
Art. 281. The employer shall be required to dismiss from his service any
worker who violates any of the provisions of article 280; and the worker so
dismissed shall have no action against the employer, except to collect the amount
due him up to the end of the day on which he was dismissed, without prejudice
to any civil and penal liability incurred by the worker.
Art. 282. In cases under paragraphs 3, 4, and 5 of article 278 the employer
shall be required only to provide first aid for the injured worker in order to
save the worker’s life.
Art. 283. When a worker, without the permission of his employer, chief, or
foreman, leaves his work place and goes to another place where he suffers an
accident, his employer is required only to provide such injured worker with
hospital care, medicines, and medical treatment; if the worker went to help
one or more workers who were injured or in danger of suffering an accident,
the employer shall be required to pay his full wages and the specified
compensation.
Art. 284. In order to prevent industrial accidents, the employers shall equip
their machines, works, and work equipment with the safety mechanisms and
devices for protection against accidents which this law or the board of con
ciliation and arbitration prescribes. The compensation fixed by this law will be
increased 50 per cent when the accident occurs in an establishment or concern
whose machines or appliances lack the safety devices prescribed by this law.
Art. 285. Physicians who attend workers in case of an accident are required
to furnish in duplicate to injured workers when they pronounce them cured,
or to their beneficiaries and to the employers, at the request of one or both, a
full and detailed certificate stating the nature of the accident suffered as well
as the condition in which the physician found the patient at the beginning of
his treatment and at the time of his discharge. In case of a disagreement, the
worker may submit himself to another recognized physician, such worker being
required to do this if the employer asks it.
Art. 286. The employer will not be chargeable with responsibility for any
insufficiency in the medical treatment or in the hospital service even when it
causes injurious consequences to those receiving such aid, the injured worker
retaining in every case the right to present his complaint to the Central Board
of Conciliation and Arbitration directly or through a labor inspector.
Art. 287. In case of any dispute in fixing the worker’s true average weekly
wage which is to serve as the basis for compensation, the employer or his legal
representative must submit in writing, at the request of the Central Board of
Conciliation and Arbitration or the municipal board of conciliation, as the case
may be, or of the person claiming the compensation, sufficient evidence to show
the amount of the said wage, verified by the pay rolls.
Art. 288. The costs and expenses incident to the claim for compensation,
irrespective of their nature, shall be paid by the employer in every case.
No attorney representing the worker or his beneficiaries may exact more than
five per cent of the total amount of the compensation as a fee for helping to
collect it.
Art. 289. The amount of the compensation received under this law may not
be the object of any transfer, nor of attachment for the payment of the debts
contracted by the worker before the accident.
Art. 290. The employer may discharge his obligation to compensate the
worker, in the cases provided for by the law, by insurance at his own expense
in favor of the worker, but always on condition that he has complied with all
the stipulations in the policy in order to make it effective, when an industrial
accident or occupational disease occurs, and that the amount which the worker
or his heir receives be not less than that stipulated in this law. If the amount
of the policy is less, the employer shall cover the amount lacking; if it is more,
it shall be given to the injured worker or his heirs,
CHIAPAS
PART OF THE LABOR LAW OF 1927
Article 91. By “ industrial accident ” is understood any injury which the
worker suffers which arises out of or in the course of the employment.
Art. 92. Occupational diseases are those which occur as the result of the kind
of work which is being done.
Art. 93. In occupational diseases as well as industrial accidents the employer
is required: (1) To pay the full salary or wage until the worker is able to
return to work; (2) to provide medicines and medical attention for the worker;
(3) to pay compensation in conformity with this law; (4) to pay to his family
in case of the worker’s death, the compensation specified.
A rt. 94. For the purposes of the compensation referred to in the preceding
article, there will be considered as a consequence of an industrial accident or
occupational disease that which is the direct result of either and which causes
death or diminishes the individual’s ability to work, or notably or visibly
alters his looks.
Art. 95. For the purposes of this law, these results will be divided into death,
disability, or visible disfigurement.
Art. 96. For the purposes of this law, disability will be divided into per
manent partial, when the individual is partially incapacitated for the perform
ance of the work which he has always done, and permanent total, when he is
totally incapacitated for the performance of any work.
Art. 97. If a worker dies as the result of an industrial accident or occupational
disease, the employer shall pay the funeral expenses, which amount shall be not
less than 30 pesos nor more than 100 pesos, and in addition, compensation to
his dependents equal to two years’ wages of the deceased at the time he suffered
the accident or contracted the disease.
Art. 98. In case of permanent partial disability, the compensation shall be
governed by the following schedule:
For the loss of one arm near the shoulder the compensation shall be equal
to the wages for 365 days.
For the loss of an arm below the elbow, 200 days.
For the loss of a hand, 150 days.
For the loss of a part of the hand, 100 days.
For the loss of one finger only, 60 days.
For the loss of the entire leg, 365 days.
For the loss of a leg below the knee, 200 days.
For the loss of one eye, 365 days.
For the loss of one ear, 150 days.
The worker who loses parts of two members shall have a right to compensa
tion corresponding to the sum of the amounts allowed- for each one.
A rt . 99. In permanent total disability the worker shall be compensated with
an amount equal to two years’ wages.
Art. 100. A facial disfigurement shall be compensated according to the
decision of the Central Board of Conciliation and Arbitration.
Art. 101. Diseases which must be considered as occupational will be com
pensated according to the decision of the Central Board of Conciliation and
Arbitration. The burden of proof is on the employer as to when a disease can
not be considered occupational.
Art. 102. The employer has the right and is required to have his workers
examined in order to avoid the spread of contagious diseases.
Art. 103. When workers are on a lawful strike and, due to the violent acts
of the employers or of their subordinates at their instigation or with their
consent or tolerance, a worker is killed or injured, such crimes will be subject
to penal action and the compensation provided for \u this law,
200
T E X T OF LAW S---- CH IAPAS
201
Art. 104. When the workers consider that their compensation is unjust, they
may, in defense of their interests, apply to the Central Board of Conciliation
and Arbitration or to the Bureau of Labor.
Abt. 105. In no case must workers’ wages which are less than the minimum
previously fixed by the Central Board of Conciliation and Arbitration be con
sidered in fixing compensation.
Abt. 106. When the laborer works by the task, it will be considered that each
“ task ” is one day’s wages. When he works by the job, the days which it
would take to complete this job shall be determined by decision of the Central
Board of Conciliation and Arbitration.
Abt. 107. The employer who alleges carelessness, negligence, or intention to
cause damage on the part of the injured worker must fully prove it.
Abt. 108. For compensation purposes, the Federal, State, and municipal
authorities will be considered as employers and all in their service as workers.
Abt. 109. All disputes concerning compensation, including those in which the
Federal, State, or municipal governments participate, shall be decided by the
Central Board of Conciliation and Arbitration.
Abt. 110. The worker who has suffered an industrial accident and been
compensated therefor may return to his work as soon as he is able, provided
the employer has no justifiable reasons for rejecting him.
Abt. 111. Claims for compensation may be made within three years from
the date of the accident.
Abt. 112. The Executive of the State shall enforce the payment of compen
sation awarded by the Central Board of Conciliation and Arbitration in case
of the disobedience of the employer to such authority.
CHIHUAHUA
C H A P T E R 18 O F T H E L A B O R L A W O F 1922
Article 240. For the purposes of this chapter there will be understood—
1. By “ compensation,” the compensation in cash to which a worker i s ,
entitled for injury sustained as a consequence of the rendering of h:s services.
2. By “ accident,” any bodily injury which the worker sustains, arising out
of or in the course of the work, causing death or temporary or permanent
incapacity to continue his work.
3. By “ occupational disease,” that which is contracted and develops during
the usual performance of the work and as a consequence thereof, causing the
worker’s death or temporary or permanent incapacity for work.
4. By “ beneficiary,” the person or persons to whom, in case of death [of
the injured worker] the specified compensation should be paid.
5. By “ children,” the legitimate children and those which have been legally
legitimated, recognized, or adopted before the accident.
6. By “ average weekly wages,” the average amount received by the worker,
taking into consideration the weekly wages he earned under the last employer
in whose service the accident occurred, whether during the regular working
hours or overtime work.
Art. 241. Employers shall be civilly liable, within the terms of this law for
industrial acc dents and occupational diseases suffered by the workers, they
being required to report to the local municipal authority within 24 hours
thereof any industrial accident occurring in their establishments.
A r t . 242. The enterprises, industries, or public utilities the employers or
owners of which are obligated, by virtue of this law, to pay the civil liability
are:
1. Factories and workshops or industrial establishments which use power
other than man power.
2. Mines, quarries, and salt works and allied industries.
3. Construction, repair, and maintenance of buildings, bridges, canals, dikes,
aqueducts, culverts, and similar works.
4. Construction, repair, and maintenance of all kinds of machines.
5. Metal foundries and metallurgical shops.
7. Gas and electric plants, telephone and telegraph establishments, compris
ing the w’ork of installation, repair, and utilization of motors, dynamos, poles,
wires, tubes, and all kinds of accessories used inside and outside the estab
lishments.
7. Establishments in which are manufactured or used industrially materials
detrimental to health, poisons, explosives, and inflammables.
8. Agricultural, commercial, and railroad enterprises.
9. Any industry introduced in the State or a new industry similar to those
enumerated above.
A r t . 243. In calculating the amount of the payment wT
hich the employers
or enterprises enumerated above must make for accidents or occupational
diseases, there shall be taken into account the circulating capital and the
number of workers.
Art. 244. In accordance with the foregoing article, the amount of compen
sation fixed in the scale in article 250 shall be calculated and paid by the
employer in the following manner:
1. As the part corresponding to the capital: (a) One-half, if the capital is
100,000 pesos or more; (&) one-fourth, if the capital is 50,000 pesos and less
than 100,000; (c) one one-hundredth, if the capital is over 5,000 pesos and less
than 50,000; (tf) nothing, if the capital is 5,000 pesos or less.
2. As the part corresponding to the number of workers; (a) One-half, if there
are 100 or more; (&) one-fourth, if there are 50 and fewer than 100; (c) one
one-hundredth, if there are 6 and fewer than 50; (d) nothing, for fewer than 6.
202
TE X T OF LAW S— C H IH U A H U A
203
In calculating the total payment, taking into consideration the factors of
capital and number of workers, the amounts corresponding to each one of the
said factors shall be added.
Abt. 245. In case the exact amount of capital is unknown or is not duly
proved before the board of conciliation and arbitration, the total compensation
to be paid shall be double that corresponding to the number of workers.
Abt. 246. The basis for fixing the compensation shall be the average weekly
wages, which may not be over 35 pesos nor less than 6 pesos a week.
Abt. 247. The average weekly wages of a worker who, on the date of the
accident is working on a monthly basis, shall be obtained by dividing the
monthly wage by 30 and multiplying the amount thus obtained by the number
of days he usually works in a week.
Abt. 248. As regards the average wages which should be paid to the worker
during his cure and while he is paid the final compensation, it must be under
stood that such payment is subject to a maximum of 20 pesos and a minimum
of 6 pesos per week.
Abt. 249. When the State or city government must pay compensation, twice
the amount specified in paragraph 1 of article 244 as corresponding to the
circulating capital shall be used, this factor being estimated as equivalent to
the amount of revenue received in the month immediately preceding the one
in which the accident occurred.
Abt. 250. All employers in the State are required to compensate their workers
or their beneficiaries when said workers suffer accidents or occupational dis
eases as a consequence of the performance of the work, on the bases fixed
in the following schedule:
Schedule
Weeks
1. Accident which, because of the injury suffered, results in death,
whether instantaneous or not, subject to this law----------------------- 150
2. Permanent total disability--------------------------------------------------------------175
3. Loss of an arm between the elbow and the shoulder joint----------------- 80
4. Loss of a forearm to the elbow----------------------------------------------------- 75
5. Loss of a forearm between the wrist and the elbow_________________ 60
6. Total loss of one hand-----------------------------------------------------------------55
7. Loss of a thumb and its metacarpal bone----------------------------------------- 25
8. Loss of two phlanges of the thumb-------------------------------------------------- 10
9. Loss of an index finger and its metacarpal bone-------------------------------- 12
10. Loss of th ree phalanges of th e index finger --------------------------------------8
11. Loss of the last two phalanges of the index finger—-------------------------7
12. Loss of one-half or more of the last phalange of the index finger-------6
13. Loss of a middle finger and its metacarpal bone_____________________
12
14. Loss of three phalanges of the middle finger-------------------- ---------------7
15. Loss of the last two phalanges of the middle finger__________________
6
16. Loss of one-half or more of the last phalange of the middle finger____
5
17. Loss of a ring finger and its metacarpal bone----------------------------------- 10
18. Loss of three phalanges of the ring finger--------------------------------------6
19. Loss of the last two phalanges of the ring finger____________________
5
20. Loss of one-half or more of the last phalange of the ring finger-------4
21. Loss of a little finger and its metacarpal bone----------------------------------8
22. Loss of three phalanges of the little finger--------------------------------------5
23. Loss of the last two phalanges of the little finger—:_________________
4
24. Loss of one-half or more of the last phalange of the little finger-------3
25. Loss of a leg close to the hip, so that the use of an artificial limb is
impossible_____________________________________________________
70
26. Loss of a leg between the knee and the thigh, permitting the use of an
artificial limb__________________________________________________
55
27. Loss of a leg between the knee and the ankle----------------------------------50
28. Loss of a foot up to the ankle_____________________________________
50
29. Loss of two phalanges of the big toe of the foot and its metatarsal bone_
7
30. Loss of two phalanges of the big toe of the foot-------------------------------6
31. Loss of the last phalange of the big toe of the foot----------------------5
32. Loss of any other toe of the foot and its metatarsal bone----------------5
33. Loss of any other toe of the foot up to its metatarsal joint-------------3
34. Loss of one-half or more of the last phalange of any toe of the foot___
2
35. Loss of an eye by enucleation_____________________________________
45
36. Total loss of vision of one eye without enucleation within one year___
40
i3 4 9 4 °— 30-------14
204
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
w o r k m e n ’s
COMPENSATION LEGISLATION
Weeks
Impairment of the vision of one eye which exceeds 50 per cent_______
12
Impairment of the vision of both eyes which exceeds 50 per cent_____
35
Loss of hearing in one ear_________________________________________ 12
Loss of hearing in both ears_______________________________________ 35
Impairment of hearing exceeding 50 per cent_______________________
18
Bone fractures:
4
(a) Fracture of the collar bone_______________________________
(b) Fracture of the body of the humerus______________________
5
(c) Fracture of the shoulder blade___________________________
3
(d) Fracture of each rib_____________________________________
4
(e) Fracture of the head of the humerus_____________________
6
if) Fracture of the forearm between the elbow and the wrist,
wiiether of the radius or the ulna, for each of the bones____
4
For both bones_________________________________________
5
(g) Fracture of the olecranon_______________________________
6
(h) Fracture of the wrist____________________________________
4
(i ) Fracture of the hip at its articulation with the femur or with
the trunk_______________________________________________ 10
O') Fracture of the body of the femur_________________________
6
(k) Fracture of the knee or knee cap_________________________
8
(I) Fracture of the ankle_____________________________________
4
(m) Fracture of the tibia or the fibula________________________
5
(n) Fracture of the tibia and the fibula_______________________
7
(o) Fracture of the skull when not causing total or permanent
disability_______________________ _______________________
6
(p) Fracture of one or several bones of the face_______________
6
Sprains, ruptures, or dislocations:
(a) Of the shoulder__________________________________________
6
(b) Of the elbow_____________________________________________
5
(c) Of the wrist_____________________________________________
4
(<Z) Of the hand_____________________________________________
3
(e) Of the hip_______________________________________________
8
if) Of the knee______________________________________________
6
ig) Of the ankle_____________________________________________
5
(h) Of the foot______________________________________________
4
Disease or injury in any of the joints mentioned above, when the symp
toms are objective, 50 per cent of that expressed in item 43. When
the symptoms are merely subjective, 20 per cent.
Permanent stiffening [ankylosis] of any of the joints mentioned above,
when accompanied by partial loss of function and not included in
the other provisions of this article:
8
(a) Of the shoulder--------------------------------------------------------------(&) Of the elbow-------------------------------------------------------------------6
(c) Of the wrist-------------------------------------------------------------------5.
id) Of the hand or all of its fingers----------------------------------------4
(e) Of the hip_______________________________________________ 12
(f) Of the knee______________________________________________
8
(^r) Of the ankle or of the foot-----------------------------------------------4
Partial loss of function following an accident, not provided for above,
25 per cent in addition to the compensation fixed for the particular
accident.
Loss of teeth or molars, for each tooth or molar lost-------------------------2
or substitution of false teeth by a competent dentist.
Mental derangement resulting from an accident, when appearing within
one year from the date of accident, and subject to the provisions of
Art. 251. In case of mental derangement resulting from an accident, the
employer is required to provide medical attention for a period not exceeding
one year from the date of the accident. The compensation fixed in item 48
of the preceding article shall be paid in accordance with the provisions of
article 261.
A rt. 252. In case of hernia, the worker must prove fully that it is of recent
origin, that its appearance was painful and that it was immediately preceded
by some extraordinary exertion in the course of the work; if the above is
proved, the employer is required to furnish the worker with medicines and
TEXT OF LAWS— CHIHUAHUA
205
hospital care, if they are necessary, as well as medical and surgical attention,
according to the case, giving him in addition half pay for a period not exceeding
two months, and furnishing him with the necessary means for an operation for
said hernia. If the worker does not choose to undergo the operation when
it is advised by the physician, the employer will be exempt from all liability,
and if the worker should die because of failure to be operated on, after having
this opportunity, the employer will be under no obligation to pay any
compensation.
Art. 253. In case of an accident causing an internal injury or a fracture
of the trunk of the body, of the neck, head, or any other member or organ, for
which no special compensation is fixed in this law or which causes total or
temporary disability, the employer shall be required to furnish the injured
worker hospital service and full wages until he is cured and for a period not
exceeding one year from the date of the accident. If at the end of the year
after the accident, but not before, unless by mutual agreement, the worker
chooses to leave the employer’s care, he shall be compensated in the following
manner.
Art. 254. If the worker, without being cured, prefers to leave the care of
his employer, he shall advise the proper board of conciliation of such fact,
making a statement of release of liability to him; and if upon investigation
the employer is found not to be at fault, the worker shall have no right to
receive any other compensation or benefit than that which he may have received
under the previous article. In case either the worker or employer objects to the
decision rendered by the board of conciliation he can submit the case to the
Central Board of Conciliation and Arbitration.
A r t . 255. The loss of both hands, or both legs above the knee, or both eyes,
or fracture of the spine which causes complete paralysis of that part of the
body below the point of fracture, shall be considered permanent total disability.
Art. 256. The complete loss of function of the hand, the leg, the arm, or the
foot of any worker shall be considered the loss of said member.
Art. 257. If a worker who has previously suffered an accident is injured in a
second accident, compensation shall be determined in accordance with that
fixed by this law, taking into consideration the resultant effects of the two
accidents, and the payment or payments which he has or should have received
under the schedule in article 250.
Art. 258. In all cases of accidents suffered while at work, the employer is
required to give to the injured worker full wages for two weeks, hospital care,
medicines, and treatment for the time necessary, and after two weeks’ disa
bility, a weekly amount equal to 50 per cent of his average wage. When the
worker has recovered sufficiently, in the opinion of the physician attending
him, to return to work, the employer shall pay the compensation applicable to
the case. Under no circumstances shall the cost of the worker’s medical
attention nor the money furnished him during his illness be deducted, unless
the money was paid as partial payment in advance of the final compensation.
Art. 259. If the worker suffers an occupational disease, he shall have a
right to receive, in addition to medicines and medical attention, his full wages
until he has fully recovered, provided this takes place within one year.
A r t . 260. In case of minor accidents which cause only sores, bruises, minor
dislocations or fractures, which are not specified in this law and which do
not cause the loss of any member, the employer is required to furnish the
injured worker with hospital service and to pay him full wages until he has
recovered, as well as to reinstate him in his work when he is able to return.
A r t . 261. The payments for accidents and occupational diseases which must
be made to the beneficiaries shall be made according to this law, with judicial
intervention, in the following order:
1. To the surviving spouse; to the children under 16 years, and to the
disabled children over 16 years of age;
2. If the above beneficiaries are lacking, to the parents who may have been
supported by the deceased Worker;
3. If the persons specified above are lacking, to the brothers and sisters
under 16 years whose dependence on the deceased worker is duly proved.
Art. 262. Action for final compensation shall be by writ of attachment,
the application therefor in each case being accompanied b y:
1. The labor contract if it is in writing or proof thereof if it was oral.
2. The requisite certificates of the Bureau of Vital Statistics.
3. Medical certificates of health or death certificates.
4. Proof that the accident or occupational disease arose out of or in the
course of the work of the defendant employer.
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w o r k m e n ’s c o m p e n s a t io n
l e g is l a t io n
For the purposes of this article the writ of attachment may be based on
testimony as to the existence and conditions of the oral contract and the facts
referred to in paragraph 4.
A r t . 263. In case of death of a worker who has contracted an occupational
disease, the death certificate issued by the attending physician must state
whether death was caused by said disease or by other suffering independent
thereof. If there is a disagreement between the parties, they shall secure
the opinion of specialists and proceed in accordance with Chapter 5 of the Code
of Civil Procedure. Should death occur without medical attention, the rights
of the relatives remain unaffected, if they are pleaded in the form required
by law.
A r t . 264. If the worker dies from a cause other than the accident, no com
pensation will be allowed for his death; but his beneficiary shall receive
compensation according to the nature of the accident suffered.
A r t . 265. The employer shall not be required to pay compensation for
accidents occurring in his employ in the following cases:
1. When a person not in his employ suffers an accident.
2. When the accident originated from a criminal act.
3. When it occurred because of disobedience or nonobservance on the part
of the worker of the regulations, instructions, notices, warnings, or safety
measures which were posted or established for his information and protection.
4. When it resulted as a consequence of the injured worker having violated
some of the provisions of article 267.
5. When the worker suffered the accident because of being intoxicated.
6. When it is the result of force majeure not connected with the nature of
the work.
A r t . 266. In order to prevent accidents, employers shall post in dangerous
places or those to which entrance is forbidden, clear and definite warnings so
that there may be general knowledge thereof.
A r t . 267. In order to prevent accidents, workers are prohibited from:
1. Removing, damaging, destroying or taking away any safety device or
means of protection in the work place;
2. Effacing, destroying, removing, concealing, or damaging any notices or
other warnings which may have been posted for the information and protection
of the workers;
3. Obstructing in any manner the proper use of any safety device, means of
protection, notice, or warning;
4. Making difficult the use of any measure or procedure which has been
adopted for the protection of the workers in the work places;
5. Failing or neglecting to do everything reasonably necessary for the pro
tection of the life of the worker himself or the lives of his coworkers; and
6. Disobeying any oral instructions which have been given them by their
superiors for their own protection.
A r t . 268. The employer shall be required to discharge from his service a n y
worker who violates any of the provisions of article 267; and the worker so
discharged shall have no action against the employer, except to collect the
amount due him up to the end of the day on which he was discharged, without
prejudice to any civil and penal liability incurred by the worker.
A r t . 269. In the cases under paragraphs 3, 4, and 5 of article 265 the em
ployer shall be required only to provide first aid for the injured worker in
order to save the worker’s life.
A rt. 270. When a worker, without permission of h is employer, chief, or fore
man, leaves his work place and goes to another place where he suffers an ac
cident, the employer is required only to provide such injured worker w ith
hospital care, medicine, and medical treatment; if the worker went to help
one or more workers who were injured or in danger of suffering an accident,
the employer shall be required to pay the specified compensation.
A rt. 271. For the purpose of preventing industrial accidents, the employers
shall equip their machines, works, and work equipment with the safety
mechanisms and devices for protection against accidents which this law or the
board of conciliation and arbitration prescribes. The compensation fixed by
this law will be increased 50 per cent when the accident occurs in an estab
lishment or. concern whose machines or appliances lack the safety devices pre
scribed by this law.
A rt. 272. The physicians and surgeons in charge of the hospitals required
by this law are obliged to furnish in duplicate to injured workers when they
pronounce them cured, or to their beneficiaries and to the employers, a t the
TEXT OF LAW S---- C H IH U A H U A
207
request of one or both, a full and detailed certificate stating the nature of
the accident suffered, as well as the condition in which the physician found
the patient when he entered the hospital and when he left it. In case of a
disagreement the worker may submit himself to another recognized physician,
such worker being required to do this if the employer asks it.
Abt. 273. The employer will not be chargeable with responsibility for any
insufficiency in the medical treatment or in the hospital service even when it
causes injurious consequences to those receiving such aid, the injured worker
retaining in every case the right to present his complaint to the Central
Board of Conciliation and Arbitration directly or through a labor inspector.
Abt. 274. In case of any dispute in fixing the worker’s true average weekly
wage which is to serve as the basis for compensation, the employer or his
legal representative must submit in writing, at the request of the Central
Board of Conciliation and Arbitration or the municipal board of conciliation,
as the case may be, or of the person claiming the compensation, sufficient
evidence to show the amount of the said wage, verified by the pay rolls.
Abt. 275. No lawyer or representative of the worker or of his beneficiaries
may exact more than 5 per cent of the total amount of the compensation as a
fee for helping to obtain it. Those who violate the provisions of this article
shall be required to refund to the worker or beneficiary the amount illegally
charged.
Abt. 276. The amount of the compensation received under this law may not
be the object of any transfer nor of attachment for the payment of debts con
tracted by the worker before the accident.
Abt. 277. During the 20 days following the notification of an award of the
Central Board of Conciliation and Arbitration on accidents, any person who
believes that he has been discriminated against may request a new hearing,
basing his request on one or more of the following causes:
1. That the board acted without authority or exceeded its authority.
2. That the sentence or award was obtained by fraud, malice, or bad faith.
3. That the applicant has discovered new proofs which are essential and
which in spite of his endeavors he was unable to discover before the first
hearing.
COAHUILA
LAW OF APRIL 28, 1926
Article 1. An industrial accident is understood to be any injury suffered by
the worker, arising out of or in the course of his work.
A rt. 2. Occupational diseases are pathological conditions which occur as a
consequence of the kind of work performed by the worker or employee or from
the manner in which he was required to do the work. They may be caused
by physical, chemical, or biological agents.
A rt . 3. Industrial accidents and occupational diseases caused by physical
agents are all injuries sustained in the performance o f work through trauma
tism, high temperatures, very low temperatures, humidity, injurious action o f
light, electric currents, or absorption into the body o f different dusts.
A rt. 4. Industrial accidents or occupational diseases caused by chemical
agents are those caused by the action of these agents in the performance of the
work. This class includes acute or chronic poisoning, internal or external
burns by acids, alkalies, or salts, dermatoses, conjunctivitis, inflammations of the
mucous membrane, and asphyxiations caused by irrespirable gases.
A rt. 5. Industrial accidents or occupational diseases of a biological origin are
those produced by living organisms during the work—stings or bites of animals,
animal or plant parasites, usual or accidental. The suffering caused by these
and by animal or plant microorganisms shall be considered occupational
diseases, when by frequent repetition of analogous cases or other circumstances,
the contamination of the medium can be scientifically deduced or proven.
Art. 6. In occupational diseases as well as in industrial accidents the em
ployer is required:
(1) To pay full wages to the worker until he is pronounced cured and able
to work.
(2) To furnish medical attention and medicines.
(3) To pay compensation according to this law.
(4 ) To pay the specified compensation in case of the worker’s death to his
family.
A rt .
article,
w ill be
tion o f
7. F or the purposes o f the compensation referred to in the preceding
by “ consequence o f an occupational disease or industrial accident ”
understood that which results directly therefrom, causing death, diminu
capacity to work, or conspicuous or visible disfigurement.
Art. 8. For the purposes of this law, these consequences are divided into
death, disability, or visible disfigurement.
A rt 9. Disabilities, for the purposes of this law, are divided into “ permanent
partial,” when the individual is partially incapacitated for work for the rest of
his life, and “ permanent total,” [when incapacitated] for all work.
A rt 10. In case o f the death o f the worker from an occupational disease or an
industrial accident, the employer shall pay the funeral expenses, the cost o f
which shall not exceed 100 pesos, nor be less than 30 pesos, and in addition
compensation to the fam ily, equal to 900 days’ wages which the deceased was
earning at the time o f the accident or when the occupational disease was
contracted.
Art. 11. In case of permanent partial disability, the compensation shall be
governed by the following schedule:
S chedule
Days’ wages
1. For loss of an arm or its mutilation between the elbow and the shoul
der joint_______________________________________________________ 550
2. For loss of the forearm up to the elbow------------------------------------------ 500
3. For mutilation of the forearm between the elbow and the wrist_______ 450
4. For total loss of a hand___________________________________________350
5. For loss of a thumb and mutilation or loss of its metacarpal bone.„..^ 150
208
TEXT OP LAW S— CO AH U ILA
209
Days* wages
6. For loss of a thumb______________________________________________ 75
7. For loss or mutilation of a phalange of the thumb__________________ 55
8. For loss of an index finger and mutilation or loss of its metacarpal
bone____________________________________________________________ 75
9. For loss of an index finger_________________________________________ 55
10. For loss of the distal phalange and mutilation or loss of the middle
phalange of an index finger______________________________________ 45
11. For loss or mutilation of the distal phalange of an index finger______ 30
12. For loss of the middle finger and mutilation or loss of its metacarpal
bone_________________________________________- _________________ 75
13. For loss of the middle finger_______________________________________ 50
14. For loss of the distal phalange and mutilation or loss of the middle
phalange of a middle finger______________________________________ 30
15. For loss or mutilation of the distal phalange of a middle finger----------- 15
16. For loss of a ring finger and mutilation or loss of its metacarpal bone__ 55
17. For loss of a ring finger----------------------------------------------------------------- 35
18. For mutilation or loss of the middle phalange of a ring finger________ 22
19. For loss or mutilation of the distal phalange of a ring finger_________ 11
20. For loss of a little finger and mutilation or loss of its metacarpal
bone___________________________________________________________
30
21. For loss of a little finger___________________________________________ 25
22. For mutilation or loss of the middle phalange of a little finger----------- 14
23. For loss or mutilation of the distal phalange of a little finger_________
7
24. For complete loss of a thigh or mutilation making impossible the use
of an artificial limb_____________________________________________500
25. For mutilation of a thigh, when an artificial limb can be used_______ 400
26. For loss or mutilation of a leg_____________________________________ 300
27. For complete loss of a foot up to the ankle__________________________ 250
28. For loss of the big toe of a foot and mutilation or loss of its metatarsal
bone------------------------------------------------------------------------------------------- 75
29. For complete loss of the big toe of a foot_________________________ 45
30. For loss or mutilation of the distal phalange of the big toe of a foot__ 35
31. For loss of the distal phalange and mutilation or loss of the middle
phalange of a toe of the foot other than the big toe_______________ 20
32. For enucleation of one eye_________________________________________300
33. For complete blindness of one eye___________________________________ 250
34. For complete loss or mutilation of both arms, of both forearms, of both
hands, of both thighs, of both legs, or of both feet__________________ 900
35. For complete loss or mutilation of any two parts of the body mentioned
above__________________________________________________________ 900
36. For loss of both eyes or loss of one eye and any of the other parts of
the body mentioned in the second preceding item_________ __________ 900
37. For impairment of vision in both eyes exceeding 50 per cent_________ 250
38. For loss of hearing in one ear______________________________________ 70
39. For loss of hearing in both ears____________________________________ 150
40. For impairment of hearing exceeding 50 per cent____________________ 100
41. Fractures:
(a) Of the collar bone_________________________________________ 25
(&) Of the body of the humerus_______________________________ 30
(c) Of the shoulder blade____________________________________ 18
(d) Of each rib_____________________________________________ 24
(e) Of the head of the humerus_______________________________ 36
(f) Of the forearm between the elbow and the wrist, whether of
the radius or the ulna, for each of the bones_____________ 24
(g) For both b o n e s _________________________________________ 30
(h) Of the head of the ulna----- ---------------------------------------------- 36
(i) Of the wrist-------------------------------------------------------------------- 24
(j) Of the hip at its articulation with the femur or the trunk__ 60
(k) Of the body of the femur________________________________ 36
(I) Of the knee or kneecap___________________________________ 48
(II) Of the ankle-------------------------------------------------------------------- 24
(m) Of the tibia or the fibula_________________________________ 35
(» ) Simple fracture of the skull-------------------------- :•_____________ 36
(n) Of one or several bones of the face__________ ______________ 36
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w o r k m e n ’ s c o m p e n s a t io n
42. S prains, ru p tu res, o r dislocations:
l e g is l a t io n
Days’
wages
(a) Of the shoulder___________________________________________ 36
(b) Of the elbow_____________________________________________ 30
(c) Of the wrist______________________________________________ 24
id) Of the hand__________ ___________________________________ 18
(e) Of the hip_______________________________________________ 50
(f) Of the knee______________________________________________ 36
(g) Of the ankle______________________________________________ 30
(h) Of the foot______________________________________________ 24
43. Permanent stiffness, or ankylosis, of any of the joints mentioned
above, when this is accompanied by partial loss of function and not
included in the other provisions:
(a) Of the shoulder___________________________________________48
(&) Of the elbow----------------------------------------------------------------- - 36
(c) Of the wrist_____________________________________________ 30
(d) Of the hand or all its fingers_______________________________ 24
(e) Of the hip________________________________________________ 75
(f) Of the knee_______________________________________________48
ig) Of the ankle or of the foot_________________________________ 24
44. Partial loss of function following an accident not provided for above, 25
per cent in addition to the compensation fixed for the particular accident.
45. For each tooth or molar which is lost, compensation shall be given by
treatment and replacement.
46. In case of mental derangment resulting from an accident, when it appears
immediately or within the period of one year, the employer is required to give
medical and pharmaceutical attention for a period not over one year from the
date of the accident, and to comply with the provisions of article 6 of this law.
47. In case of hernia which ostensibly did not exist before the worker was
hired, the employer is required to furnish him with medical and pharmaceutical
attention, if necessary, or surgical attention, when required. The compensation
shall be full wages while the disability lasts. If the worker does not submit
to an* operation when necessary in the opinion of a physician, the employer
shall be exempt from all responsibility.
48. When the disability consists of an internal injury or a fracture of the
thorax, neck, head, or any other member or organ for which no special com
pensation is fixed in this code, or which produces total or temporary disa
bility, the provision in article 6 of this law shall be observed.
49. The loss of function of the hand, leg, arm, or foot shall be considered
the loss of said members.
50. Paralysis shall be compensated with a 15 per cent deduction from the
amount indicated in the above list, corresponding to the loss of the member
or segment of the member affected.
51. Paralysis of the bladder and of the rectum shall be compensated with
the amount of 550 day’s wages.
Art. 12. Disfigurements consist of scars of the face, and according to their
extent and disfiguring character shall be compensated according to the award of
the board of conciliation or of the Central Board of Conciliation and Arbitra
tion, based on the opinion of their physicians; and also in like manner accidents
not specified in the present law.
Art. 13. Disfigurements which make mastication impossible shall be com
pensated with 800 days’ wages. Difficulties in mastication, swallowing, or
both, difficulties of urination and of defecation, as a consequence of an occupa
tional disease or industrial accident, according to degree, shall be compensated
according to the award of the board of conciliation or the Central Board of
Conciliation and Arbitration, based on the opinion of the physician.
Art. 14. Consequences of infectious diseases which must be considered as
occupational, being manifold, shall be compensated according to the awards
of these boards, based on the opinion of two graduate physicians, one being
appointed by the enterprise and the other by the board; and the basis of the
compensation shall be the degree of incapacity for the wTork in which the
injured worker was engaged.
Art. 15. The employer, if he deems it necessary, can petition the board of
conciliation or the Central Board of Conciliation and Arbitration for the
examination of workers who desire employment in the enterprise, in order to
defend his interests subsequently by allegation thereof, or to reject such workers
TEXT OF LAW S---- CO AH UILA
211
if they are suffering from infectious or contagious diseases; in such case the
worker is required to submit to such medical examination.
A r t . 16. The physicians employed by enterprises to attend workers shall be,
by preference, Mexicans having degrees from a national university.
Art. 17. The physician, whether appointed by the employer or by the worker,
who through manifest turpitude, ill will, bribery, or other punishable causes
issues certificates partial to either party shall be penalized by a fine of from
250 to 1,000 pesos, apart from the penal liability he may incur. To prove the
punishable action, the opinion of two expert physicians, one of whom is appointed
by the board and the other by the employer, shall be considered.
A rt. 18. To authorize medical attention and the specified compensation it is
required that the accident causing the injury occur while the worker is on the
premises o f his employer, or outside o f them in the discharge o f his tasks, or in
the performance o f any service related thereto.
For the purposes of this article, it shall be considered that the worker is
performing his work by the mere fact that he is on the premises of his employer
during his working hours, under the conditions regulating his stay therein.
A rt . 19. The medical attention shall include the treatment reasonably possible
and proper according to the circumstances o f the case.
Art. 20. The employer is required to furnish the worker with medical atten
tion for the entire time necessary for recovery; but at the same time he shall
have the right through the board of conciliation or the Central Board of
Conciliation and Arbitration, as the case may be, to require the worker to
submit to a definite curative treatment in order to bring about recovery as
quickly as possible.
A rt. 21. If the sick or injured worker refuses to accept ordinary or special
medical attention or does not comply with the medical directions given him, the
rights granted him by this law shall be suspended for the period deemed suitable
by the board of conciliation or the Central Board of Conciliation and Arbitration,
to which the employer shall give notice of what has happened.
Art. 22. If the worker is not satisfied with the medical attention which the
employer is required to furnish him or with the certificate by the employer’s
physician issued to him for the purposes of compensation, he shall have the
right to resort to another, taking his complaint to the Central Board of Con
ciliation and Arbitration, w^hich shall immediately make an investigation, and
if the complant of the worker turns out to be justified, the board shall order
that, at the expense of the employer, the medical attention be adapted to the
necessities of the case and that the medical certificate, when it concerns com
pensation, be issued by another physician, and. if expedient, proceedings shall
be brought against the employer or physician who fraudulently injured or tried
to injure the interests of the worker.
Art. 23. When, on account of the nature of the work which the injured
worker was doing at the time of the accident and on account of the nature of
the latter, the compensation which the worker is to receive under the present
chapter turns out to be extremely unjust, the case shall be settled in accord
ance with the award of the Central Board of Conciliation and Arbitration.
Art. 24. In accordance with the stipulations of the law, in fixing the com
pensation the wages taken shall be those which the worker was earning at
the time of the accident.
Art. 25. When the worker is over 50 years of age, the compensation to be
paid shall be reduced 5 per cent; and when he is over 60 years, 10 per cent;
and when he is over 65, 15 per cent.
Art. 26. Payment of compensation shall be made in the following manner:
Fifty per cent of the total amount within a period not exceeding 60 days,
and the remaining 50 per cent within 120 days from the date on which the
decision was rendered.
A rt. 27. Awards, decisions, and agreements as to fixing the compensation
shall be rendered or made in every case within 15 days after occurrence o f
the accident causing it. I f they do not comply with this requisite, they shall
be null.
Art. 28. The compensation can not be attached and shall be exempt from
all taxes.
Art. 29. The Government shall be considered an employer and shall be
subject in every way to the provisions of this law.
Art. 30. An employer is not exempt from the compensation imposed on
him by this chapter by the fact—
(1)
That the worker tacitly or implicitly assumes the risks of his occu
pation.
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w o r k m e n ’ s c o m p e n s a t io n
l e g is l a t i o n
(2)
That the accident has been caused by carelessness or negligence of a
fellow-worker of the injured worker.
Art. 31. When an employer does not pay the compensation or does not
furnish medical attention with due promptness, the worker shall appeal to the
proper board of conciliation, and the latter shall order that the costs involved
therein be paid by the employer.
Art. 32. The Central Board of Conciliation and Arbitration shall always
give preferential attention to such demands and shall fine the negligent em
ployers 50 per cent of the amount of the costs; 50 per cent of such fines shall
be credited to the worker’s profit-sharing account.
Art. 33. Every controversy arising on account of demands for compensation
or medical attention presented by the workers against their employer, in
cluding those in which the Government is a party, shall be submitted to the
decision of the respective boards of conciliation.
Art. 34. In case of objection of any of the parties to the award of the board
of conciliation, the latter shall forward the proceedings thereof to the Central
Board of Conciliation and Arbitration, which shall make the final award on
the matter.
A rt. 35. Actions and negotiations on behalf of the workers affected shall
be brought by themselves or by their legal representatives.
A rt. 36. Any agreement by which a worker is to contribute, directly, or in
directly, toward the expenses o f his employer in complying with this law shall
be null.
Art. 37. No worker can waive the rights granted to him by this law, nor
transfer or exchange the benefits resulting therefrom.
Art. 38. In every case the worker shall have a right, when he has recovered,
to return to the work which he left because of sickness or injury from an
accident in the discharge of his work, and the employer is required to take
him back. In such a case the employer can discharge the substitute he has
employed without being required to compensate him.
A rt. 39. When on recovery the worker, as a consequence o f the sickness or
accident, can not perform his regular work, but can perform some other, the
employer shall be required to pay him the remuneration corresponding to the
new work.
Art. 40. In case of bankruptcy of the employer, the workers whom the em
ployer is required to compensate or to give medical attention for illness or for
injury from an accident within the terms of this law, shall be considered privi
leged creditors and as having in the legal settlement the same preference as
creditors who had performed personal work.
Art. 41. The employer who transfers or sells his business shall advise his
successor of the debts incurred as to his workers because of obligations
imposed on him by this law, and the obligations inherent in the enterprise
contracted for shall be stipulated in the deed of sale and transfer. Failure to
comply with this provision shall make both contracting parties jointly
responsible for such obligations. Likewise, the employer who rents his business
to another shall be required to comply with the provisions of this article the
same as the tenant
A rt. 42. The right to claim compensation for industrial accidents or occu
pational diseases expires at the end o f two years.
Art. 43. In accordance with clause 29 of article 123 of the Constitution, the
establishment of institutions, corporations, or societies whose purpose is to
insure workers against industrial accidents or occupational diseases is declared
to be for the public welfare, and the authorities shall give them every facility
for their organization and operation within the respective laws.
Art. 44. Permanent total disability for all work shall be compensated with
900 days’ wages, such wages being those earned at the time the accident
occurred. No compensation shall exceed 5,000 pesos.
Transitory
This law shall become effective the first of next May.
COLIMA
C H A P T E R S 17 A N D 18 O F T H E L A B O R L A W O F 1925
C hapter 17.—Industrial accidents
A rticle 239. All owners of any of the enterprises enumerated in this law shall
be civilly liable for accidents occurring to salaried employees and wage earners,
arising out of or in the course of their work, provided they were not caused
by the worker’s carelessness.
A rt. 240. For the purposes of this law, an accident is defined as an injury
suffered by a worker arising out of or in the course of employment, due to the
unforeseen action of an outside force, which prevents the worker from continu
ing his work.
A rt. 241. In every case of accident provided for in this law, the owner shall
be presumed to be liable at law.
A rt . 242. In determining the amount of liability, the wages fixed in the
contract, or if none are so fixed those fixed by the special [minimum wage]
commissions, shall be taken into consideration.
A rt. 243. Employers or owners of the following enterprises are civilly
liable under this law:
(1)
Factories, workshops, and industrial establishments in which any power
other than man power is used; (2) Mines, quarries, salt works, and allied in
dustries; (3) Construction, repair, and maintenance of buildings, bridges, ca
nals, dikes, aqueducts, sewers, and the like, fishing and navigation; (4) Construc
tion, repair, and maintenance of all kinds of machinery; (5) Metal foundries
and metallurgical works; (6) Gas and electric plants, and telephone and tele
graph establishments, including the w’ork of installation, preparation, and use
of motors, dynamos, poles, wires, tubes, and all kinds of accessories, inside and
outside of said establishments; (7) Establishments manufacturing, or using in
dustrially, unhealthful, poisonous, explosive, or inflammable substances; (8)
Agricultural enterprises; and (9) Any industry similar to those specified
which is now operating in the country or may be hereafter set up.
A rt. 244. Liability for industrial accidents includes medical and pharmaceu
tical attention until the operator recovers, and in addition:
(1) If the accident causes temporary disability, the employer is required to
pay a pension equal to the wages of the worker until he is able to return to
work, to be paid in the same form as his regular wages. If the disability lasts
longer than six months, it shall be considered permanent and the provisions
relevant thereto shall apply.
(2) If the disability is permanent partial, the compensation shall be equal
to six months’ wages.
(3) If the disability is permanent total, the compensation shall be equal to
one year’s wages.
(4) If the accident causes immediate death, or if death terminates the illness
caused by the accident, the employer shall pay in addition to the funeral ex
penses, which are not to exceed 50 pesos, compensation in the following form :
(а) To the wife, with or without children, an amount equal to one year’s
wages.
(б) To minor children who have lost 1 parent, an amount equal to one year’s
wages.
(c) To the husband [of the woman worker] if he is unable to support liimself, or to the minor children of the worker or employee, an amount equal to
one year’s wages.
(d) To the parents of the worker, if he was liable under the civil law for
their support, an amount equal to three months’ wages, to be deducted from
the compensation specified in the preceding paragraphs, and one year’s wages
if the worker leaves neither spouse nor children.
213
214
W O R K M E N ’ S COM PENSATIO N LEGISLATION
A rt. 245. In calculating the compensation, the salary or earnings of the
salaried employee or wage earner under the labor contract during the year
preceding the accident shall be taken as the base. When, due to custom or the
nature of the business, the period of work is less than a year, or when the
worker has worked less than a year, the calculation shall be based on the
average weekly earnings, and if he has worked less than a week his average
daily wages shall be used as the base.
A rt. 246. Employers or enterprises shall be exempt from the liability speci*
fled in this law in the following cases: (1) If the injury was caused by force
majeure, not connected with the nature of the industry in which the accident
occurred; (2) if it was caused intentionally by the injured person, provided
this is fully proved; and (3) if the worker has been insured against accident
with any insurance or mutual benefit society at tlie cost of the employer, pro
vided that in case of accident the said company or society pays the amount
specified in the law or the employer binds himself to pay the difference be
tween the amount of the compensation and the amount under the policy.
A rt. 247. In case of bankruptcy of the insurance company, the amounts set
aside for payment of policies shall not be included in the assets of the com
pany, and the employer who took out the insurance policy shall again be liable
for the payment of compensation, but he may transfer the policies to another
insurance company.
A rt. 248. When the workers do not receive the compensation to which they
are entitled under this law, the boards of conciliation and arbitration shall
take action to make the person liable comply with these provisions.
A rt . 249. In the case of an accident which causes the loss of an eye or of
an upper or lower limb, the worker shall be compensated for permanent partial
disability even when, due to his own skill or to special conditions of the em
ployment, he is able to continue his work.
A rt. 250. In case o f the transfer or sale o f a business, the owner shall notify
his successor o f his obligations to the workers incurred under the provisions
o f this law, and shall see that in the deed of sale or transfer mention is made
o f all such obligations, it being understood that in case o f noncompliance with
this provision, both parties shall be jointly responsible fo r compliance with the
obligations previously incurred.
A rt. 251. Public attorneys shall be required to act for workers or their heirs
in court proceedings as regards liability under this chapter without charging
for their services.
A rt. 252. Claims for compensation under this law must be made within one
year after the date of the occurrence of the accident or occupational disease.
A rt. 253. The employers or enterprises referred to in this chapter are re
quired, under a penalty of from 50 to 100 pesos, to report accidents to the mayor
of the place where the accident occurred within 24 hours, having verified the
circumstances. The report should contain the names and residences of the
injured persons and of the witnesses, and a medical report stating the condition
of the injured person and the probable consequences of the accident. The
injured worker or his representative may make the report.
A rt. 254. On receipt of the report, the mayor shall send to the proper author
ity an authorized copy of the report and the medical certificate, unless the em
ployer and the worker agree at once on the compensation.
A rt. 255. If the medical report does not satisfy either of the parties, the
proper authority may designate a physician to examine the injured worker and
to report on the case in question.
A rt. 256. If the accident causes the violent death of a worker, his nearest
relative may become a civil party and petition, either himself or through his
representatives, for the appointment of a physician to examine the person killed.
Art. 257. Any agreement which expressly or tacitly tends to evade lia
bility for payment of compensation for industrial accidents, and in general any
agreement contrary to the provisions contained in this chapter, shall be null
and void. Employers violating this provision shall be fined 500 pesos for the
first offense and 1,000 pesos for the second offense, which shall be paid to the
injured worker, regardless of the payment of the compensation due.
A rt. 258. The provisions of the present chapter may not be renounced.
A rt. 259. All records, certificates, and writs made or issued in connection
with industrial accidents shall be exempt from State taxation.
TEXT OF LAW S— COLIM A
C h apter
215
18.—Occupational disease
A rt. 260. For the purposes o f this law, occupational disease is defined as all
involuntary suffering caused by an agent or circumstance inherent in or con
nected with the work or industry in which the injured person is engaged, pro
vided the relation o f hazard between said circumstances and the suffering can
be proved.
A r t . 261. The compensation which the employer or his agent has to pay the
salaried employee or wage earner because of occupational disease shall be sub
ject to the following rules:
(a) If the disease is of a temporary nature, he shall receive his full daily
wage until the date when he has completely recovered.
(&) If he does not entirely recover and is left with an occupational disability,
but is not prevented from carrying on his work, he shall have a right to com
pensation equal to half pay for six months, also having the right to be taken
back in the same industry.
(c) If he is unable to do any work, the employer shall pay him an amount
equal to his wages for one year.
(d) If the disease causes death, he shall pay the funeral expenses, which
shall not exceed 50 pesos, immediately. In addition he shall compensate the
relatives as follows:
(1) To the wife, if there are no children, three months’ wages.
(2) To the wife with minor children, six months’ wages.
(3) To the minor children having only one parent living, six months’ wages.
(4) To the parents of the worker when he was their sole support under
the provisions of the civil law, two months’ wages, which shall be deducted
from the compensation specified in the preceding clauses, and six months’
wages if the worker left neither wife nor children.
A rt. 262. I f the worker does not wish to be treated by the company physician,
he may select another at his own expense.
A r t . 263. In all cases of claimed occupational disease the employer has a
right to designate another physician, who in association with the patient’s
physician shall follow the progress of the disease and decide as to its existence
and whether or not it was contracted in the establishment. In case the
physicians disagree, the board of conciliation shall appoint a third physician for
the purposes of article 261; the physician in charge of the case and those called
in shall issue the certificate.
A r t . 264. If an employee suffering from an occupational disease refuses the
treatment recommended by the physician, the employer must report this fact
to the proper judicial authorities and to the board of conciliation and arbitra
tion, to which he shall apply for exemption from liability.
A r t . 265. If an employee suffering with an occupational disease dies, the
death certificate issued by the attending physician shall state whether the
death was caused by the occupational disease or by another disease independ
ent thereof. If either the employer or the legal representative of the worker
takes exception to this certificate he shall proceed in the manner referred to
in article 263. If the death occurs without medical attention, the rights of the
relatives are not affected and may be pleaded in the manner provided by law.
A rt. 266. The factory or enterprise shall have notices printed in clear and
simple terms giving the principal prophylactic measures and instructions for
personal hygiene, so that the w orker may be induced to observe and comply
with the same.
DURANGO
C H A P T E R 12 O F T H E L A B O R L A W O F 1924
A r t ic l e 115. Employers shall be directly liable for industrial accidents and
occupational diseases which their workers suffer on account of their employment,
even when the labor contract is made by an agent representing an enterprise or
employer, being required to compensate them according to the terms specified in
this law.
Art. 110. By “ industrial accident ” is to be understood an unexpected injury
suffered by the worker in the performance of the work to which he was as
signed ; and by “ ocupational disease ” is to be understood an illness which is
contracted by work in damp or unhealthful places or by the constant handling
of substances or ingredients injurious to the health which are used in factories,
workshops, mines, and foundries, or any other establishments where explosive,
inflammable, or poisonous materials are produced or used industrially. Con
sequently, when the accident is not due to lack of protection in the operation
of the machinery, nor to lack of instructions in the handling of injurious sub
stances, but to the improvidence or imprudence of the injured person himself,
and also when the disease has not been caused by the work in which the laborer
was engaged (which shall be determined by a physician), the liability of the
employer shall not be absolute, and shall cease entirely when it is proved that
the illness is the natural result of some vice.
A r t . 117. The work in which employers are absolutely liable is the following:
(1) That in factories, workshops, and other industrial establishments, irre
spective of kind, where power other than man power is used for the running of
the machinery or in which explosive or poisonous substances in any stage are
manufactured.
(2) That in mines, quarries, metallurgical shops, and foundries, manufacture
and haulage of lumber, and all kinds of cartage and loading and unloading
work.
(3) Construction, repair, and wrecking of buildings, including masonry
work; construction and maintenace of telegraph and telephone lines; repair
and dismounting of electric conductors; decorating and painting of high build
ings, and similar work not included in the cases mentioned.
Art. 118. The compensation which the employer must pay varies according
to the results of the accident or disease of the worker, which may b e: (1) Tem
porary disability for work; (2) permanent partial disability; (3) permanent
total disability; (4) death.
A r t . 119. The compensation shall be paid by the employer subject to the
following provisions:
(1) If the accident or occupational disease causes only a temporary disability,
the employer shall pay the injured worker his full wages under the contract,
paying in addition for the physician and medicines from the day on which the
accident or disease prevented him from working until he is able to return to
his work.
(2) If the accident causes permanent partial disability for the work which
he was doing, the employer is required to furnish other work which is suitable
to his new condition, paying him the same wages as those specified in the
contract before the accident occurred, the employer not being able to dis
charge him for a period of two years from the date of the accident.
(3) If the accident or occupational disease leaves the worker permanently
and totally disabled for any kind of work, such as blindness, paralysis, loss
of fingers, etc., the employer shall pay him as compensation an amount equal
to two years' wages.
(4) If the accident or occupational disease sooner or later causes the worker’s
death the employer shall pay 50 pesos (gold) to the relatives for funeral
expenses and compensation to the beneficiaries equal to two years’ wages of
the deceased.
216
TE X T OF LAW S— DURANGO
217
Art. 120. Compensation for accidents or occupational disease must be paid
to the worker, when he survives, one week after his complete recovery; the
compensation for death must also be paid within a week, preferably to the
widow; if there be no widow, then to the children represented by their paternal
grandparents, and if there are none such, by the maternal grandparents. If
the deceased leaves no children the compensation shall be paid to the parents
and other nearest ascendants; in default thereof, then to the brothers and
sisters, and if there are none, to the persons with whom the deceased lived, if
he supported them.
Art. 121. The payment of compensation for death shall be made directly
with the intervention and in the presence of the conciliation board nearest
to the place in which the accident occurred, in order that the board, with the
agreement of the employer, may designate the persons who, in its judgment,
have the right to receive the said compensation, for the payment of which
a receipt according to the law shall be given the employer.
Art. 122. The compensation does not exempt the employer from his obliga
tion to pay for the total medical expenses of the injured employee and his
wages during the period between the day of the accident or the disease and
his death.
Art. 123. If the disease of the worker was not occupational, but natural,
unforeseen, and distinct from that which might attack him on account of his
work, the employer shall provide medical attention, provided the illness does
not last longer than 30 days, paying him half his wages. If he dies, the
employer shall pay his funeral expenses and give to his relatives the amount
of one month’s wages as a gratuity and not as compensation.
If the illness of the worker is due to some vice or if he dies from an injury
sustained in a quarrel, the employer shall not be required to pay his wages
nor for medical aid during the illness, unless his generosity prompts him to
furnish them; if the worker dies, the employer shall be required to pay
only the funeral expenses.
Art. 124. The liabilities of employers specified in this chapter shall apply
also to the State and municipal governments when they enter into contracts
for work which, because of its nature, endangers the health or life of the
operators performing it.
Art. 125. For the application of the provisions of this chapter no decision
or mandate of any authority will be necessary, but an award of the Central
Board of Conciliation and Arbitration shall be sufficient in case of noncom
pliance therewith, with the intervention only of the municipal board which is
nearest to the place where the accident occurred.
GUANAJUATO
A. P A R T O F T H E A G R IC U L T U R A L L A B O R L A W
1923
A r t ic l e
(D E C R E E NO. 175) O F
23. The obligations of the employer are:
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*
*
*
*
*
*
3. In case of industrial accidents not imputable to the worker himself, or of
occupational diseases of the workers, arising out of or in the course of their
work, to furnish medical attention and medicines, or only the latter if the
estate is more than four kilometers from the place of residence of any physician,
besides paying his full wages during the period of sickness or disability, if
less than six months.
4. In case of permanent disability resulting from an industrial accident not
imputable to the worker himself, or of occupational disease, unless the employer
furnishes the worker wTith work which he is able to perform, immediately to
pay in a lump sum compensation equal to 300 days’ w’ages.
5. The preceding provision shall also be applicable in case of death resulting
from an industrial accident not imputable to the worker himself, or from an
occupational disease.2
B. PART OF THE MINE LABOR LAW OF 1924
Article 27. The obligations of the employers or their representatives, and, in
applicable cases, of the managers, with respect to their workers and employees
are as follows:
*
*
*
*
*
*
*
12. To have the necessary medical supplies and at least a skilled attendant
for the rendering of first aid in case of accident.
13. To be responsible for industrial accidents and occupational diseases of
their workers and employees arising out of and in the course of their occupation
or work, being liable for the payment of the proper compensation, according
as the accident or disease results in death or merely temporary or permanent
disability, in conformity with this law. This liability exists even in a case
where the employer contracts for the labor through an intermediary.
A jrt. 111. Employers are liable, under the terms of paragraph 13 of article 27
of this law, for the industrial accidents suffered by their workers and employees,
arising out of and in the course of the work they perform.
A r t . 112. By “ industrial accident ” is understood any bodily injury or hurt
suffered by the worker or employee arising out of or in the course of the work
they perform for the employer.
A r t . 113. In any kind of industrial accident the liability of the employer is
legally presumed.
A r t . 114. In determining the liability referred to in the preceding articles,
the agreed wage shall be taken as the base, and in default thereof, the wage
the worker or employee was receiving at the time of the accident.
A r t . 115. The liability arising out of industrial accidents shall include
medical attention, medicines, board in hospital and sanatorium cases, and
the compensation which is applicable in the following cases:
1. From the time of the accident until death occurs or the class of disability
suffered by the worker or employee is determined, the employer shall pay
said worker or employee his regular wages or salary.
2. If the accident has caused temporary disability, the employer is required
to pay a pension equal to 50 per cent of the wages until the worker or ememployee is fully cured and able to return to work, payment to be made in the
2 The above provisions cover all laborers, tenants, clerks, employees, and servants in
the employ o f the proprietors o f rural estates.
218
TEXT OE LAW S— G U AN AJU ATO
219
same manner as the wages. If the disability has not ceased at the end of
six months, it shall be considered permanent and the relevant provisions shall
apply.
3. For permanent partial disability the compensation shall be equal to 50
per cent of the wages for one year, provided the disability is not one which
forces the worker or employee to follow a new occupation; if it does the com
pensation shall be increased by the amount of three month’s wages or salary.
4. For permanent total disability the compensation shall be the amount
corresponding to one and one-half years’ wages, which shall be paid in a
lump sum at once.
5. If the accident causes sudden death, or death results from the accident,
the employer shall pay, besides the funeral expenses, which shall not be less
than 30 pesos and shall be regulated according to the wages of the deceased
worker, compensation equivalent to one year’s wages or salary in the following
manner:
(a) To the minor children, whether legitimate, natural, or adopted.
(&) In default of these, to the surviving spouse.
(c) If there is no surviving spouse, to the parents and other ascendants.
(d) In default of any of the persons mentioned in the above enumeration,
the compensation shall go to the adopted parents, and if there are none such,
to the relatives who were supported by the deceased.
(e) In case there are none of the persons mentioned in the above paragraphs,
the compensation shall be paid to the union to which the deceased worker
belonged, and in default thereof to the one which has the largest number of
members in the mining zone where the accident took place.
Abt. 116. The funeral expenses shall be paid to the family or the persons
with whom the worker lived.
Art. 117. The payment of the compensation specified in article 115 shall
always be made with the intervention of the Department of Labor of the
Secretary General’s Office of the Government or of its agents, in accordance
with the following rules:
1. In the case of paragraph (a) of section 5 of article 115, if the children
are over 18 years of age, the total amount of the compensation shall be
delivered immediately to them; if they are under 18 years of age, it shall
be delivered to the Department of Labor, which shall deposit it in a bank or
reliable commercial house, to be withdrawn as the needs of the minors require.
2. The compensation due the widow of the deceased shall be paid to her
in monthly installments within the i ariod of six months;
3. In cases under paragraphs (c) and {d) of section 5 of article 115, the
compensation shall be paid immediately in a lump sum to the persons desig
nated therein.
Art. 118. As soon as the Department of Labor, or its agents, has knowledge
of any case in which compensation should lawfully be paid, it shall take steps
officially for the payment thereof; and if the interested parties themselves
appear to claim the compensation, the said department or its agents shall
assist them free of charge; in no case shall attorneys or agents of any kind
be accepted or tolerated.
Art. 119. Relationship or adoption shall be proved by the records of the
Bureau of Vital Statistics; if these are lacking, then by the parish records, and
in the absence of both, by the testimony of three reliable persons, sworn to
before the Department of Labor or before the highest municipal authority of
the place.
A rt. 120. In case o f an accident causing the loss o f an eye, or one o f the
upper or lower limbs, the worker or employee shall receive compensation in the
manner provided for permanent partial disability, even when in a given case
he is able to continue the perform ance o f his work, because o f his ability or
the special conditions o f the service.
Art. 121. Under no circums^«incc3 shall the sums of money that the worker
or employee or his relatives have received as wages or for medicine, hospital ex
pense, or any other purpose, be deducted from the amount of the compensation.
A rt. 122. Employers shall be exempt from the obligation to compensate the
workers or employees in the follow ing cases:
1. When the accident is caused intentionally or through the fault or negli
gence of the worker, which must be i illy proved.
2. When the employers have, at their own expense, insured their workers
and employees against accidents in any insurance company, provided said com
13494°— 30-------15
220
w o r k m e n ’s
COM PENSATIO N LEGISLATION
pany pays, in case of accident, the amounts which this law allows for com
pensation, and provided that, if there is any difference, the employer obligates
himself to pay the difference between the amount of the compensation and the
value of the policy. If the company does not pay the value of the policy to
which this article refers, the employers shall do it, retaining the right to claim
the same from the insurance company.
Art. 123. Actions to demand the payment of the compensation referred to in
this law must be brought within the time limit fixed by article 1091 of the
Civil Code.
Art. 124. In case of accident occuring on the premises of the enterprise, the
employers or officials in charge thereof shall be required, under penalty of a
fine of 50 pesos which shall be imposed and enforced by the municipal txecutive
of the place, to report to the municipal authorities of the place, within the
term of 12 hours, the place and exact hour of its occurrence, the number in
jured, their names, those of the eye witnesses, and as far as possible, the age
and residence of both the injured and the witnesses, the circumstances, and
all the necessary details for a complete investigation.
Likewise, and within 48 hours from the occurrence of the accident, the
company physician shall se*.d to the municipal executive a certificate stating
the condition of the injured worker, a brief description of the injuries received,
the probable physical consequences of the accident to the injured worker, and
the possible duration of the treatment which he must receive, in case death
did not result.
Any person has the right to notify the municipal executive o f industrial
accidents.
Art. 125. As soon as the municipal executive receives the information to
which the above article refers he shall make a copy of the report, and send the
original medical certificate to the district attorney or to the magistrate of the
municipality as the case may bo, so that he may, in his official capacity, start
Hie investigation thereof, keeping a certified copy of said documents in order to
carry out the provisions of articles 127 and 128 of this law.
A rt. 126. I f the municipal executive has knowledge o f an accident from a
source other than the employers or managers o f the enterprise, he shall proceed
immediately to obtain the data he deems necessary for a full investigation of
the accident, consigning the case to the district attorn ey; and if the municipal
executive finds that the accident actually occurred, and that the report men
tioned in article 124 was not made in due time, he shall immediately impose the
fine to which the same article refers.
Art 127. In cases where the accident does not result in the death of the
worker or employee, the municipal executive, in discharge of his duty and as
auxiliary agent of the Department of Labor, shall see that the employers
furnish with due promptness the medical attention, medicines, and wages to
which the employee or worker is entitled in case of accident, and subject to
the provisions of this law.
Art. 128. In cases where the accident results in the immediate death of the
worker or employee, the municipal executive, in the manner specified in the
previous article, shall see that the employer furnishes the funeral expenses
promptly, and pays the compensation allowed by this law. The same pro
cedure shall be observed in cases where death occurs some time after, but as a
result of the accident, as expressed in article 115.
Art. 129. The municipal executives, in the discharge of their duty, are
required to notify the Department of Labor of the Secretary General’s Office
of the Government without delay, of all industrial accidents occurring within
their jurisdiction, as well as to carry out with due diligence the instructions
they receive from the particular department.
Art. 130. Municipal or judicial authorities of all classes are forbidden to
receive any gratuities from the companies or the owners of mines and smelters.
Those wrho do receive such gratuities shall be removed and punished with a
short imprisonment and a fine of from 25 to 100 pesos.
Art. 131. District attorneys are required to make a report to the Gov
ernment every 10 years of all the industrial accidents of which they have
knowledge, specifying the day, hour, and place of the accident, the name of the
employer or his representative, the name of the worker or employee, and the
cause of the accident.
A rt. 132. When an accident is not specified in this law and, for that reason,
there may have been a disagreement between the employer and the worker or
employee, or his relatives, as to the amount o f the compensation, the municipal
TEXT OP LAW S— G UANAJUATO
221
authority shall, officially or on petition by one of the parties, proceed to form
a municipal board of conciliation and arbitration according to the terms of this
law, and send to the board, when formed, the documents relating to the case
in controversy.
A bt. 133. When it happens for any reason that the office of municipal execu
tive does not exist or that he is not functioning, the notification shall be sent
to the authority having his powers.
A rt. 134. Contracts which tend to evade, expressly or tacitly, the liability to
which industrial accidents give rise, and in general every agreement contrary
to the provisions o f this chapter, shall be null and void.
A rt. 135. In mines and smelters there shall be a medical dispensary well
supplied with everything necessary to give immediate assistance to the injured
and which shall be in the charge of a person qualified for such service, and in
addition a separate department, suitably equipped, in which first-aid treatment
shall be given by persons skilled therein to all workers injured in accidents,
without exception, as provided in paragraph 12, article 27, of this law.
A rt. 136. The practitioners to whom paragraph 12 of article 27 refers shall
be examined by a municipal physician of the place, who shall be responsible for
the ability of said practitioners.
A rt. 137. The worker or employee who suffers an accident in a mine or
smelter shall be taken without delay and with due precautions to the depart
ment referred to in article 135, for first-aid treatment, and immediately there
after to the hospital, for which purpose the mine owner or the manager of
the work shall give adequate instructions for the transfer of the injured
worker, ordering, if the case requires, that the ticket of admission be issued at
once, and making to the authorities the reports referred to in articles 124
and 139 of this law.A rt . 138. Physicians of mining enterprises are also required to report weekly
to the Department of Labor and to the municipal authority the number of
workers injured in accidents who have been under their care, under penalty
of a fine from 10 to 50 pesos, which shall be imposed and collected by the
last-mentioned authority.
A rt. 189. The directors of mining enterprises or those acting for them, shall
send immediately to the Department of Labor of the Secretary General’s Office
of the Government a copy of the report referred to in article 124. If the
accident assumes a serious character because of the number of victims, or
because the cause which produced it has not disappeared or it is feared that
it may still exist, the report shall be given in the quickest way, and without
prejudice to observance of the provisions of this law as to safety and suspen
sion of work.
A rt. 140. Workers or employees who suffer an industrial accident shall be
attended necessarily by the physicians in the employ of the mining enterprises
where they work and they shall not for any reason be allowed to procure
other treatment unless the company physician first gives consent for another
physician to take charge of the case.
In case they refuse to be attended by the company physicians and the latter
do' not consent to another physician, the employers shall not be liable for the
compensation.
C hapter 21.—Occupational diseases
A rt . 141. Employers shall be liable for the occupational diseases of the
workers, arising out of and in the course of the occupation or work they per
form; therefore, employers must pay the compensation which is applicable,
according to whether they have resulted in death or merely temporary or
permanent incapacity for work, in accordance with the provisions of this law.
This liability shall exist even if the employer contracted for the labor through
an intermediary.
A rt. 142. By “ occupational diseases ” is understood any alteration of health
arising in the exercise of and as a consequence of the nature of the work which
the worker or employee usually performs.
A rt . 143. The amounts which the employer must pay to the employee as
compensation for a duly-proven occupational disease shall be governed by the
following bases:
(a) The compensation shall be due the worker or employee only if he has
worked during a period of four months immediately before the appearance of
the disease, unless it is fully proved that the disease was contracted during
222
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
the time of service, whatever that may have been. The provisions of articles
146 to 150 shall be considered in the matter of proof of the disability.
(ft) In case of temporary illness, the worker or employee shall receive 50
per cent of his regular salary or wages, up to the day of complete recovery.
(c) If the recovery is incomplete and the worker or employee is left with
a certain degree of disability as a consequence of the occupational disease, he
shall be entitled to compensation equivalent to 50 per cent of his salary for
one year and to be assigned by the employer to an occupation suitable to his
condition.
( d) If he remains totally and permanently incapacitated for any work, the
employer must pay in a lump sum and at once a sum equal to the full wages
for one and one-half years.
(e ) If the disease results in death the employer shall pay the funeral ex
penses, which shall not be less than 30 pesos and shall be regulated according
to the salary or wages of the deceased, at once, and in addition pay compen
sation to the family equal to one year’s wages or salary, in the manner and
order stipulated in article 115.
A bt. 144. In case o f occupational diseases, the provisions in article 121 of
this law shall also apply.
Art. 145. An employer has the right to order a physical examination of a
worker or employee who wishes to enter his employ.
A rt. 146. A worker or employee who is affected with an occupational dis
ease shall apply to the municipal executive for an examination by a physician
paid by the municipality, who shall give his report thereon in writing within
eight days.
If the worker or employee does not agree with the report of the physician
paid by the municipality, he may be examined by another physician at his own
expense.
Art . 147. The municipal executive shall report to the employer the applica
tion o f the worker or employee, inclosing a copy o f the physician’s report on
which the worker bases his petition.
Art. 148. I f the employer agrees to the claims o f the worker or employee,
and does not object to the report o f the physician nor to the proof as to length
o f service rendered, the worker or employee shall receive the compensation
fixed by this law.
A rt. 149. If the employer does not approve the claims of the worker as re
gards the physician’s report presented by him, such employer may have him
examined by another physician, and in case of difference of opinions, the mu
nicipal executive shall name a third physician, who shall be paid by the
party against whom the report is rendered.
Art. 150. If the existence of the occupational disease is proved by the reports
presented, and the employer does not agree immediately to pay the specified
compensation, or there is a disagreement as to the amount or delivery of the
same, the municipal executive shall transfer the case to the proper board of
conciliation and arbitration, which shall proceed according to its powers.
Art. 151. When the worker who is injured or suffering from an occupational
disease refuses to take the treatment prescribed by the physician, the enterprise
shall report it to the board of conciliation and arbitration, and may petition to
be released from its liability, and if the board finds that the refusal is justified,
the company shall pay the fees of the attending physician, without prejudice to
the compensation to which the worker is entitled.
A rt. 152. In order to prove the time during which the worker or employee
has rendered services, the enterprise is required to give him every week a
certificate which shall state the name of the worker or employee, the number
of days worked, the shifts worked, and the wages received; this may be done
by means of a card, stub book, or other system which satisfies the preceding
requirements.
The worker or employee has the right to ask for a duplicate of such evidence
whenever he deems it necessary, and the enterprise is required to give it to him
free of charge.
A rt. 153. The Superior Council of Health shall, within the period of 15 days
from the date of the promulgation of this law, prepare a primer, in clear and
simple language, on the measures of prophylaxis and personal hygiene for the
protection of the health of the worker or employee.
HIDALGO
CHAPTER 19 OF THE REGULATORY LAW OF 1928
Chapter 19.—Industrial accidents and occupational diseases
Article 201. By “ industrial accident” is understood any unforeseen and
sudden happening, arising out of or in the course of the work, which results in
the worker’s death or in an injury which incapacitates him permanently or
temporarily for work.
A rt. 202. By “ occupational disease” is understood one which is contracted
and develops during the course o f and as a consequence o f the work.
Art. 203. The disabilities resulting from industrial accidents and occupational
diseases are of three classes:
1. Permanent total disability, which incapacitates the worker for life for the
performance of all work.
2. Permanent partial disability, which incapacitates the worker for life for
the performance of the work he was doing at the time of the accident or
occupational disease.
3. Temporary disability, which prevents the worker from doing his work only
for a certain length of time.
Art. 204. The compensation which the employer must pay the worker shall
vary according to the accident or occupational disease suffered by the worker.
Art. 205. In cases of industrial accidents and occupational diseases the
employer is required:
1. In cases of temporary disability, to pay 75 per cent of the worker’s wages
until he is pronounced cured and in condition to return to work.
2. To furnish medical attention and medicines from the time of the acci
dent or occupational disease until death occurs, or until the degree of dis
ability of the worker is determined, but not to exceed one year.
3. To pay the compensation due, in conformity with this law.
4. To give a sufficient guaranty, in advance, for compliance with this
chapter, in accordance with article 230 of this law.
5. In case of a worker’s death from accident or occupational disease, to pay
as funeral expenses 15 days’ wages, but not to exceed 100 pesos.
A rt. 206. For the purposes o f the compensation discussed in the preceding
article, there shall be considered as the consequence o f an industrial accident
or occupational disease that which directly results from the accident or disease
and which deprives the worker o f life, diminishes his working capacity, or
notably and visibly alters his personal appearance.
Art. 207. In case of the worker’s death from an occupational disease or
industrial accident, the employer is required to pay compensation equal to 624
days’ wages at the rate which the worker was earning at the time of his
death.
Art. 208. In case of permanent total disability for all work the worker
shall be compensated with the amount of 624 days’ wages at the rate he was
earning at the time he suffered the accident or contracted the occupational
disease causing the disability.
The following shall constitute permanent total disability for all work:
The loss of both arms, of both legs, of one leg and one arm, of important
parts of three limbs, total loss of sight, deformities which prevent mastication
and swallowing, or urination and defecation by the natural channels, and
permanent mental derangement.
Art. 209. In case of permanent partial disability the compensation shall be
determined by the following table, but not to exceed the sum which is paid
for permanent total disability.
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224
w o r k m e n ’s
COM PENSATION LEGISLATION
Days
For the total loss of one arm or amputation thereof close to the shoulder_468
For the total loss of an arm, leaving a stump which measures 10 centi
meters or more from the top of the acromion________________________ 440
For the total loss of a forearm_______________________________________890
For the mutilation of the forearm between the elbow and the wrist_____ 360
For the total loss of a hand_________________________________________ 312
For the loss of the thumb and three fingers of a hand, with their meta
carpal bones, although the loss of the metacarpal bones may not be
entire, the compensation shall be the same as for the whole hand.
For the loss of four fingers of a hand and their metacarpal bones, but not
including the thumb________________________________________________ 168
For the loss of a thumb and the mutilation or loss of its metacarpal bone. 141
For the loss of a thumb only_________________________________________ 51
For the loss of the distal phalange of a thumb__________________________ 46
For the loss of an index finger and the mutilation or loss of its metacar
pal bone___________________________________________________________ 51
For the loss of an index finger_________________________________________ 46
For the loss of the distal and mutilation of the middle phalange of an
index finger------------------------------------------------------------------------------------ 38
For the loss of a middle finger, with the mutilation or loss of its metacar
pal bone___________________________________________________________ 51
For the loss of a middle finger----------------------------------------------------------- 38
For the loss of the distal phalange, with mutilation or loss of the middle
phalange of a middle finger------------------------------------------------------------ 20
For the loss or mutilation of the distal phalange of a middle finger_____
9
For the loss of a ring finger or a little finger, with mutilation or loss of
its metacarpal bone-------------------------------------------------------------------------- 46
For the loss of a ring finger or a little finger___________________________ 23
For the loss of the distal phalange, with the loss or mutilation of the mid
dle phalange, of a ring finger or a little finger_______________________ 14
For the loss of the distal phalange of either of these two fingers_________
8
For the total loss of a leg, leaving a stump measuring less than 20 centi
meters from the top of the greater trochanter________________________ 468
For the loss of a leg, leaving a stump of 20 centimeters or more, measuring
from the top of the greater trochanter_______________________________ 350
For the total loss of a leg--------------------------------------------------------------------350
For the mutilation of a leg at the named point of election for amputation._ 325
For the mutilation of a leg from its middle part----------------------------------- 312
For the mutilation of a leg in its lower part, or the total loss of a foot___ 312
For the loss of a big toe with mutilation or loss of its metatarsal bone----- 51
For the loss of the fifth or little toe with mutilation or loss of its meta
tarsal bone----- -------------------------------------------------------------------------------- 51
For the loss of the big toe-------------------------------------------------------------------- 25
For the loss of the distal phalange of this toe__________________________ 20
For the loss of any toe other than the big toe----------------------------------------- 12
For the loss of the distal phalange of any toe except the big toe-------------6
For the loss of an eye-------------------------------------------------------------------------- 210
For total blindness in one eye------------------------------------------------------------ 190
For loss of hearing in one ear_________________________________________ 55
For total loss of hearing--------------------------------------------------------------------- 210
A worker who loses parts of two members corresponding to the fingers or
toes will be entitled to an amount equal to the sum of the compensation for
each one.
Compensation for paralysis shall be 50 per cent of that shown in the above
table for the loss of the member or part affected.
Paralysis of the bladder or rectum caused by traumatic injury shall be com
pensated by the amount of 468 days’ wages.
Ankylosis or stiffness due to scars [shall be compensated] with one-half of
the amount indicated for the loss of the part below the joint affected. False
joints or excessive callus following fractures interfering with the functioning
of members shall also be compensated with 50 per cent of the amount allowed
for the loss of the part of the member situated below them.
Cases of dystrophy due to vascular lesions shall be compensated according
to their degree and the part of member affected, according to the judgment of
T E X T OF LAW S---- HIDALGO
225
the Board of Conciliation and Arbitration, in conformity with the opinion
of the licensed physicians appointed by the board.
Art. 210. Purely sesthetic disfigurements consist of scars on the face, and shall
be compensated in proportion to their size and disfiguring character, according
to the judgment of the Board of Conciliation and Arbitration, based on the
opinion of the board’s physicians.
A rt. 211. In cases not provided for in this law, disabilities caused by occupa
tional diseases or industrial accidents shall be compensated according to the
judgment of the Board of Conciliation and Arbitration, after hearing the opinion
of two physicians, one appointed by the employer, and one by the worker,
the latter being one in the employ of the Government. In case of disagreement,
the board shall appoint a third. The compensation shall be based on the degree
of disability of the affected worker.
A rt. 212. For the payment of compensation for industrial accidents or occupa
tional diseases, the capital invested by the owner in the business or industry
involved shall be taken as the base.
A rt. 213. The compensation shall be fixed in proportion to the capital
invested according to the following formula:
1. When the capital invested is 100,000 pesos or more, the full amount of
compensation shall be paid.
2. When the capital invested is from 50,000 to 99,999 pesos, 80 per cent of
the compensation shall be paid.
3. When the capital is from 10,000 pesos to 49,999 pesos, 60 per cent of the
compensation shall be paid.
4. When the capital invested is from 5,000 to 9.999 pesos, 40 per cent of the
compensation shall be paid.
5. When the capital is from 100 to 4,999 pesos, 20 per cent of the compensation
shall be paid.
A rt. 214. In order to determine the value invested by the owner in his
business, the amount appearing on the register in the respective offices shall
be taken. In case this value does not appear on the register, it shall be
determined by the opinion of experts, one appointed by the worker or workers,
who shall be paid by the Government, another by the employer, and a third by
the Board of Conciliation and Arbitration in case the other two disagree.
A rt. 215. Employers whose invested capital is not over 5,000 pesos may
pay the compensation which they owe in six equal monthly installments.
A rt. 216. If there is any doubt as to whether or not a disease is occupa
tional, the matter shall be decided by medical opinion given in accordance
with the provisions of article 211.
Art. 217. The employer may, when he believes it necessary, petition the
Board of Conciliation and Arbitration for the examination of one or several
workers who are seeking employment in his business, in order to be able to
allege such examination later in defense of his interests. In presenting such
a petition, he must attach a certificate by a licensed physician, in which is
stated the disability, deformity, or disease from which the worker or workers
seeking employment are suffering.
A rt. 218. Physicians employed by enterprises to give medical attention to
their workers must be licensed according to law, unless there are no licensed
physicians in the place, and the enterprise is a small one.
A rt. 219. When workers engaged in a lawful strike, no acts punishable by
the law having been committed by them, lose their lives or suffer injuries
which leave [permanent] effects as a result of unjustified repressive measures
employed by agents in the service of the employer, they shall be compensated
by the employers in conformity with the provisions of this law, and in case
the injury does not have such effects the employer shall pay for the medical
attention and medicines and 75 per cent of the injured worker’s wages until
he recovers completely.
A rt. 220. Physicians who, due to deliberate ill will, bribery, or other punish
able causes, give an opinion which is plainly false shall be fined from 250 to
1,000 pesos, regardless of the penal liability incurred by them.
In order to prove the partiality or falsity of the opinions, the opinion of two
physicians appointed in accordance with the terms of article 211 shall be
presented.
A rt. 221. In order that medical attention and compensation may be allowed
for an industrial accident, it is required:
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W O R K M E N *S COM PENSATIO N LEGISLATION
That the accident which causes the injury take place while the worker
is engaged in his regular work, or in some service related thereto, inside or
outside the establishment of his employer.
For the purposes of this article, the worker shall be considered as engaged
in the performance of his work by the mere fact of his being present in the
establishment of his employer under the conditions governing his attendance
there, even though he is not actually performing his work at the exact time the
accident occurs.
Art. 222. Medical attention shall include complete medical, surgical, or elec
tric treatment, medicines, massage, etc., and the application of all the methods
and appliances which may be necessary to cure the disease or the effects of
the accident, even if this requires the entrance and maintenance of the worker
in a hospital or private clinic, or the replacement of lost members by artificial
limbs, whenever this is possible.
Art. 223. The employer is required to furnish the worker medical attention
for the full time necessary to cure him, but at the same time the employer has
the right, through the Board of Conciliation and Arbitration, to require the
worker to submit to a specified curative treatment, with the object of effecting
a cure in the shortest possible time.
Art. 224. If the sick or injured worker refuses to receive the ordinary or
special medical attention, or does not comply with the medical directions given
him, the benefits of the rights granted him under this law shall be suspended,
within the limits deemed proper by the Board of Conciliation and Arbitration,
to which the employer shall report the matter.
Art. 225. When the worker is not satisfied with the medical attention the
employer is required to furnish him, or with the certificate which the em
ployer’s physician grants him for compensation purposes, he is entitled to have
recourse to another physician, lodging his complaint with the Board of Concilia
tion and Arbitration, which shall immediately make an investigation, and
shall request physicians in whom it has confidence to issue a certificate in the
compensation case. If the worker’s complaint proves to be justified, the
board shall order the employer to make the expenditures necessary to adjust
the medical attention to the necessities of the case, or shall impose the pay
ment of the compensation due. It shall also fine the employer who is guilty
of neglect in an amount equal to 50 per cent of the expenses incurred, and he
must recoup the board for the amount it has spent.
Art. 226. Whenever the compensation which would be due in conformity with
this chapter proves to be manifestly unjust to the worker, due to the class
of work he was doing at the time the accident occurred and to the nature of
the accident, the case shall be decided by award of the Board of Conciliation
and Arbitration, which shall have a corps of consulting physicians.
Art. 227. The payment of compensation, except in the case provided for in
article 215, shall be made in the following form: Fifty per cent of the total
within a period of time not to exceed 30 days, and the remaining 50 per cent
in the same way the wages were paid, in the proportion of 50 per cent of
the same.
Art. 228. In case of compensation for death, when the relatives must move to
another place or there are other serious circumstances considered sufficient
by the Board of Conciliation and Arbitration, the compensation shall be paid
in a lump sum and within a period of time not to exceed 30 days.
Art. 229. Compensation payments are not subject to attachment, and are
exempt from all taxation.
Art. 230. Employers must guarantee the medical attention and the payment
of the compensation referred to in this law by insuring their workers in an
insurance company, whether it be a private, State, or mutual company. In
case State insurance is established for industrial accidents, occupational dis
eases, or medical attention, employers shall be required to insure therein the
personnel in their employ.
Art. 231. The workers individually, or the unions to which they belong, shall
have the right, through their representatives, to be informed at any time by
the Board of Conciliation and Arbitration of the amount and condition of the
insurance referred to in article 230, and to request the said board to require
the employers to renew or increase the same, according to its judgment, after
having heard the employers in the matter.
Art. 232. If the worker, at the time the accident occurred, was in a state
of complete intoxication, or under the influence of any harmful drug, or [if the
accident was due to] a criminal act, and this is fully proved, the employer
TE X T OF LAW S---- HIDALGO
227
is required only to provide medical attention. If death results from the acci
dent, the compensation to be paid shall be 25 per cent of that specified in
article 207.
A rt. 238. The follow ing circumstances do not exempt the employer from
the liabilities imposed on him by this ch a p ter:
1. That the worker tacitly or implicitly assumed the risks of his occupation.
2. That the accident was caused by the carelessness or negligence of a fellow
worker of the injured party.
Art. 234. When an employer does not pay compensation or provide medical
attention with due promptness, the worker shall apply to the Board of Con
ciliation and Arbitration, and the latter shall order the insurance company
or enterprise in which the workers of the said company are insured to make
the expenditures required by the case. The Board of Conciliation and Arbi
tration shall always give preferential attention to such applications.
Art. 235. The compensation to which a worker is entitled must be paid in
the following order exclusively:
1. To the worker himself.
2. To the lawful wife and the legitimate or illegitimate children, all receiving
equal shares.
3. To the woman with whom the worker has cohabited as man and wife for
one year prior to the date of the accident, and who is pregnant at the time
the accident occurs.
4. To the woman with whom the worker has cohabited for more than three
years prior to the date of the accident or occupational disease.
5. To the legitimate or illegitimate ascendants, legitimate or illegitimate
grandchildren, and to the adopted children.
6. To the legitimate or illegitimate brothers and sisters.
7. To the beneficiary designated by the worker when he signed the labor
contract.
8. To public charitable institutions, giving preference to workers’ institutions
if such exist.
A rt. 236. Any waivers which workers may make o f the benefits and rights
granted them by this law, as well as any sales or transfers o f the same, shall
be null and void.
A rt. 237. The worker shall have the right in any case to return to the work
he left due to disease or accident suffered in the perform ance o f the same as
soon as he has recovered from the disease or the injuries received, and the
employer is obligated to take him back, except where the position he filled
has, for justifiable reasons, been abolished.
In cases where a worker temporarily incapacitated for the performance of
his work has been replaced temporarily by another, the disability being duly
proved by medical certificates, the substitute shall have no rights when the
disabled worker returns to work other than to receive the wages he has earned.
A rt. 238. When the w orker is cured, and as a consequence o f the
disease or industrial accident is unable tem porarily to perform his
able to do other work, if such exists the employer is required to
w ith it, but is not entitled to reduce the wages he was receiving
he took sick.
occupational
work, but is
provide him
at the time
A rt. 239. In case of the insolvency or bankruptcy of the employer the
amounts he owes his workers for wages and compensation shall be considered
as indispensable administrative expenses, and for that reason shall be paid
immediately, without waiting for the insolvency of bankruptcy proceedings.
Art. 240. In case of alienation, leasing, or transfer of a business by any other
method, the new owner shall be held directly responsible for the obligations
arising as a consequence of the labor contract and for the benefit of the worker,
even though the said obligations originate before the said transfer is con
summated.
A rt. 241. Actions claiming compensation for industrial accidents or occupa
tional diseases must be brought within tw o years.
Art. 242. The establishment of institutions, companies, or societies having
as their object the insurance of workers against industrial accidents or occu
pational diseases is declared to be of public utility, and the authorities shall
extend them every facility for their organization and operation within the
respective laws.
JALISCO
CHAPTERS 17 AND 18 OF THE LABOR LAW OF 1923
Chapter 17.—Industrial accidents
A rticle 240. All owners o f any o f the enterprises enumerated in this law shall
be civilly liable for accidents occurring to the salaried employees and wage
earners arising out o f or in the course o f their work, provided it was not
caused by the worker’s carelessness.
A rt. 241. For the purposes o f this law, an accident is defined as an injury
suffered by a worker, arising out o f or in the course o f employment, due to the
unforeseen action o f an outside force, which prevents the worker from
continuing his work.
A rt. 242. In every case o f accident provided for in this law, the owner shall
be presumed to be liable at law.
Art. 243. In determining the amount of liability, the wages fixed in the
contract, or if none are so fixed those fixed by the special [minimum wage]
commissions, shall be taken into consideration.
A rt . 244. Employers or owners o f the follow ing enterprises are civilly liable
under this la w :
1. Factories, workshops, and industrial establishments in which any power
other than man power is used;
2. Mines, quarries, salt works, and allied industries;
3. Construction, repair, and maintenance of buildings, bridges, canals, dams,
aqueducts, sewers, and the like, fishing and navigation;
4; Construction, repair, and maintenance of all kinds of machinery;
5. Metal foundries and metallurgical works;
6. Gas and electric plants, and telephone and telegraph establishments, in
cluding the work of installation, preparation, and use of motors, dynamos,
poles, wires, tubes, and all kinds of accessories, inside and outside of said
establishments;
7. Establishments manufacturing, or using industrially, unhealthful, poison
ous, explosive, or inflammable substances;
8. Agricultural enterprises; and
9. Any industry similar to those specified, which is now operating in the
country or may be hereafter set up.
Art. 245 (as amended by decree of May 31, 1927). Liability for industrial
accidents includes medical and pharmaceutical attention until the operator
recovers, and in addition:
1. If the accident causes temporary disability, the employer is required to
pay a pension equal to the full wrages of the worker until he is able to return
to work, to be paid in the same form as his regular wages. If the disability
lasts longer than six months, it shall be considered permanent, and the pro
visions relevant thereto shall apply.
2. If the disability is permanent partial, the compensation shall be equal to
the worker’s wages for from six months to one year.
3. If the disability is permanent total, the compensation shall be equal to from
one to three years’ wages.
4. If the accident causes immediate, death, or if death results from the ill
ness caused by the accident, the employer shall pay, in addition to the funeral
expenses, which are not to exceed 50 pesos, compensation in the following
form:
(a)
To the wife with or without children, an amount equal to from one
to three years’ wages.
(&) To the minor children who have lost one parent, an amount equal to
from one to three years’ wages.
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TEX T OF LAW S---- JALISCO
229
(c) To the husband [of the woman worker] who is unable to support him
self, or to the minor children of the worker or employee an amount equal to
from one to three years’ wages.
(d) To the parents of the worker, if he was their sole support, an amount
equal to two years’ wages, if the worker leaves neither spouse nor children.
A rt. 246 (as amended by decree of May 31, 1927). In calculating the com
pensation, the salary or remuneration of the wage earner or salaried employee
under the labor contract shall be taken as the base. When, due to custom or
to the nature of the business, the period of work is less than a year, or when
the worker has worked less than a year, the calculation shall be based on
the average weekly earnings and if he has not worked a week, his average
daily wages shall be used as the base.
A rt. 247. Employers or enterprises shall be exempt from the liability speci
fied in this law in the following cases: 1. If the injury was caused by force
majeure, not connected with the nature of the industry in which the accident
occurred; 2. If it was intentionally caused by the injured worker, provided
this is fully proved; and 3. If the worker has been insured against accident
with any insurance or mutual benefit society at the cost of the employer, pro
vided that in case of accident the said company or society pays the amount
specified in the law or the employer binds himself to pay the difference between
the amount of the compensation and the amount under the policy.
A rt. 248. In case of the bankruptcy of the insurance company, the amounts
set aside for the payment of policies shall not be included in the assets of
the company, and the employer who took out the insurance policy shall again
be liable for the payment of the compensation, but he may transfer the policies
to another insurance company.
A rt. 249. When the workers do not receive the compensation to which they
are entitled under this law, the boards of conciliation and arbitration shall take
action to make the person liable comply with these provisions.
A rt. 250. In the case of an accident which causes the loss of an eye or of
an arm or leg, the worker shall be compensated for permanent partial disability,
even when, due to his own skill or to special conditions of the employment,
he is able to continue his work.
A rt. 251 (as amended by decree of May 31, 1927). In case of the transfer
or sale of a business, every employer shall notify his successor of his obligations
to the workers incurred under the provisions of this law, and shall see that in
the deed of sale or transfer mention is made of all such obligations, it being
understood that in case of noncompliance with this provision, both parties shall
be jointly responsible for compliance with the obligations previously incurred.
A rt . 252. Public attorneys shall be required to act for workers or their heirs
in court proceedings as regards liability under this chapter without charging
for their services.
A rt. 253 (as amended by decree of May 31, 1927). Claims for compensation
under this law must be made within five years after the date of the occurrence
of the accident or occupational disease.
A rt . 254. The employers and enterprises referred to in this chapter are re
quired, under a penalty of from 50 to 100 pesos, to report accidents to the mayor
of the place where the accident occurred within 24 hours, having verified the
circumstances. The report should contain the names and residences of the
injured persons and of the witnesses, and a medical report stating the condi
tion of the injured person and the probable consequences of the accident. The
injured worker or his representatives may make the report.
A rt. 255. On receipt o f the report, the mayor shall send to the proper
authority an authorized copy o f the report and the medical certificate, unless
the employer and the worker agree at once on the compensation.
A rt. 256 (as amended by decree of May 31, 1927). If either of the parties is
dissatisfied with the medical report, the board of conciliation may designate a
physician to examine the injured worker and report on the case in question.
A rt. 257. If the accident causes the violent death of a worker, his nearest
relative may become a civil party and petition, either himself or through his
representatives, for the appointment of a physician to examine the person
killed.
A rt. 258. Any agreement which, tacitly or expressly, tends to evade liability
for payment of compensation for industrial accidents, and in general any
agreement contrary to the provisions contained in this chapter shall be null
and void. Employers violating this provision shall be fined 500 pesos for the
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W O R K M E N ’ S CO M PENSATION LEGISLATION
first offense and 1,000 pesos fo r the second offense, which shall be paid to the
injured worker, regardless o f the payment o f the compensation due.
A rt . 259. The provisions o f the present chapter may not be renounced.
Art. 260. All records, certificates, and writs made or issued in connection
with industrial accidents shall be exempt from State taxation.
C h a p t e r 18.—Occupational
diseases
Art. 261. For the purposes of this law, an occupational disease is defined as
all involuntary suffering caused by an agent or circumstance inherent in or
connected with the work or industry in which the worker is engaged, provided
the relation of hazard between said circumstances and the suffering can be
proved.
Art. 262 (as amended by decree of May 31, 1927). The compensation which
the employer or his agent has to pay the salaried employee or wage earner
because of occupational d sease shall be subject to the following rules:
(а) If the disease is of a temporary nature, he shall receive his full daily
wage until the date when he has completely recovered.
(б) If he does not entirely recover and is left with an occupational disability
but is not prevented from carrying on his work, he shall have a right to
compensation equal to his wages for from six months to one year, also having
the right to be taken back in the same industry.
(c) If he is unable to do any work, the employer shall pay h m an amount
equal to his wages for from one to two years.
(d) If the disease causes death, he shall pay the funeral expenses, which
shall not exceed 50 pesos, immediately. In addition he shall compensate the
relatives in the following manner:
1. To the wife, if there are no children, from three months to one year’s
wages.
2. To the wife with minor children, from six months’ to two years’ wages.
3. To the minor children who have lost either father or mother, from six
months’ to two years’ wages.
4. To the parents of the worker, when he was their sole support and the
worker left neither wife nor children, an amount equal to from six months’ to
two years’ wages.
Art. 263. If the worker does not wish to be treated by the company physician,
he may select another at his own expense.
Art. 264. In all cases of claimed occupational disease, the employer has a
right to designate another physician, who, in association with the patient’s
physician, shall follow the progress of the disease and decide as to its existence
and whether or not it was contracted in the establishment. In case the
physicians disagree, the board of conciliation shall appoint a third physician.
For the purpose of article 262. the physician in charge of the case and those
who are called in shall issue the certificate.
A rt. 265. If an employee suffering from an occupational disease refuses
treatment recommended by the physician, the employer must report this fact
to the proper judicial authorities and to the board of conciliation and arbitra
tion, to which he shall apply for exemption from liability.
Art. 266. If an employee suffering with an occupational diseases dies, the
death certificate issued by the attending physician shall state whether death
was the result of the occupational disease or of another illness independent
thereof. If the employer or the legal representative of the worker takes
exception to this certificate, he shall proceed in the manner referred to in
article 264. If the death occurs without medical attention, the rights of the
relatives are not affected and may be pleaded in the manner provided by law.
A rt. 267. The factory or enterprise shall have notices printed in clear and
simple terms giving the principal prophylactic measures and instructions for
personal hygiene, so that the w orker may be induced to observe and comply
with the same.
MICHOACAN
P A R T 5 O F T H E L A B O R L A W O F 1926, A S A M E N D E D IN 1929
Article 135. Employers shall be liable, within the terms of this law, for in
dustrial accidents and occupational diseases of the workers, even when the
employers contract out the work through intermediaries.
Art. 136. For the purposes of the provision in paragraph 14 of article 123
of the General Constitution, an accident is understood to be any bodily injury
which the worker suffers, arising out of or in the course of the work which
he performs for another, for employers or private individuals or proprietary
companies of an enterprise, operation, or industry where the work is performed.
If the execution and operation of the work or industry is contracted out, the
contractor shall be considered the employer, the owner of the work or industry
having a subsidiary liability.
Art. 137. An occupational disease is understood to be one which is contracted
and developed during the usual performance of the work and as a consequence
thereof, causing the death of the worker or his temporary or permanent
incapacity for work.
Art. 138. The following is considered sufficient proof that the worker has
acquired an occupational disease:
(a)
Two medical certificates certifying the disease, neither of which may
be given by the company’s physician.
(&) Proof by two or more witnesses that he has worked for the company,
or in the industry or trade which occasioned the disease.
The hiring of a worker implies an acknowledgment that he was not suffering
from an occupational disease and no proof to the contrary shall be admitted.
Art. 139. For the purposes of this law, a disability is understood to be the
loss or abnormal functioning of any of the physical members of the body or of
the mental faculties, suffered by the worker through an accident in his work,
which incapacitates him for the efficient performance of the trade or occupa
tion in which he was employed when the accident occurred.
A rt. 140. The compensation which the employer must pay shall vary according
as the accident or occupational disease to the worker results in any of the fol
lowing : 1. Death; 2. Permanent total disability for all work; 3.' Permanent par
tial disability; 4. Temporary disability.
Art. 141. When the accident or occupational disease causes the worker’s
death, the employer is required to pay the funeral expenses, which shall not be
less than 25 pesos, and in addition to compensate the widow or descendants in
the manner and amount specified in the following paragraphs:
1. With a sum equal to the average wages of the deceased for two years, when
he leaves a widow and children or orphaned grandchildren who were supported
by him.
2. With a sum equal to 18 months’ wages, if he leaves only children or grand
children.
3. With one year’s wages to the widow, if the deceased leaves no descendants.
4. If he leaves neither widow nor descendants, with a sum equal to 10 months’
wages to the parents or grandparents of the deceased, when they are perma
nently, temporarily, or partially incapacitated for work, regardless of the cause
of such disability.
Art. 142. The compensation specified in the foregoing article shall be in
creased 50 per cent when the accident is caused by the lack of safety devices on
the machinery and appliances in the establishment, and increased in the same
way in those cases which happen in the performance of work which this law
in article 21 classifies as dangerous.
Art. 143. Compensation for death does not exclude compensation to which
the worker is entitled for the period between the accident or disease and his
death.
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Art. 144. All compensation benefits shall be paid in a lump sum and in legal
currency.
Art. 145. By “ permanent total disability” is understood that which prevents
the worker from performing any work for the rest of his life ; by “ permanent
partial disability,” that which prevents him from performing the work which
he was doing at the time of accident for the rest of his life ; and by “ temporary
disability,” that which prevents him from performing his work only for a cer
tain length of time.
A rt. 146. If the accident or occupational disease results in permanent or tem
porary, total or partial, disability, only the injured worker shall have a right
to the compensation fixed by the following articles, but the persons enumerated
in article 141 may apply for it as his representatives.
Art. 147. The compensation for partial or temporary disability shall be regu
lated by the following provisions:
1. If the disability is temporary, the employer shall pay the injured worker
compensation equal to one-half of his daily wage from the day the disability
began until the worker is able to return to wTork.
2. If after one year he is still disabled, the compensation shall be governed
by the provisions relative to permanent disability.
3. If the disability is permanent total for all work, the employer shall pay
the injured party compensation equal to his average wages for two years.
4. If the disability is permanent partial, the employer shall be required
either to place the worker, with the same remuneration, in another occupation
compatible with his condition or to give him compensation equal to one year’s
wages, the worker having his choice.
Art. 148. The employer is also required to supply medical and pharmaceutical
assistance to the worker until he is able to return to work or until, by a medi
cal certificate, he is declared to come under the provisions of paragraphs 3
and 4 of the foregoing article and does not need said assistance. This certifi
cate shall be given by the physicians designated by the employer.
Art. 149. The compensation for permanent disability specified in paragraphs
3 and 4 of article 147 shall be independent of that specified in paragraph 1 for
cases of temporary disability.
Art. 150. Notwithstanding the provision in paragraph 4 of article 10, the
State and municipal councils, in matters relating solely to compensation for
industrial accidents and occupational diseases, shall be governed by the pres
ent law, being subject to the provisions of this chapter.
Art. 151. In cases not provided for, the compensation for accidents and
diseases shall be regulated by common agreement between the employers and
workers, and in case of doubt or conflict they shall be subject to the decisions
of the municipal boards of conciliation and arbitration or the Central Board
of Conciliation and Arbitration, as the case may be.
Art. 152. The provisions of this chapter do not in any way modify or alter
the obligations which the present law imposes on employers in ordinary cases
of sickness and death of the worker.
NAYARIT
PART 4 OF THE LABOR LAW OF 1918
Chapter 1.—Liability for industrial accidents and occupational diseases
Article 128. Employers shall be liable under the terms of this law for indus
trial accidents and occupational diseases suffered by the workers.
Art. 129. For the purposes of this law, by “ industrial accident” will be
understood an unforeseen and sudden event, arising out of or in the course of
the employment, which results in the worker’s death or in his temporary or
permanent incapacity for work.
Art. 130. By “ occupational disease,” for the purposes of this law, will be
understood an illness which is contracted and developed during the usual
performance of the work and as a consequence thereof, resulting in the worker’s
death or in his temporary or permanent incapacity for work.
Art. 131. Employers in large industries, within the meaning of this law, are
subject to the liability which article 128 establishes, irrespective of the character
of the work which is carried on therein.
Art. 132. The compensation which the employer must pay the worker varies
according to whether the accident or occupational disease resulted in the
workers’ : 1. Death; 2. Permanent total disability; 3. Permanent partial dis
ability; or, 4. Temporary disability.
Art. 133. By “ permanent total disability” will be understood, for the pur
poses of this law, that which incapacitates the worker for life for the per
formance of any work; by “ permanent partial disability,” that which perma
nently incapacitates the worker for the performance of the work which he was
doing at the time of the accident; and by “ temporary disability,” that which
incapacitates him for the performance of his work for a certain length of time
only.
A r t . 134. If the industrial accident or occupational disease causes the
worker’s death, the compensation payable by the employer shall include: 1. One
month’s wages to cover funeral expenses; and 2. Compensation payments to the
relatives as provided in the following articles:
Art. 135. The following are the only ones entitled to the payments mentioned
in clause 2 of the preceding article:
1. The legitimate and recognized illegitimate children if they are minors.
2. If there are no children, the lawful wife.
3. If neither children nor wife survive, the lawful or recognized natural
mother if she is a widow and has been dependent upon the worker.
4. If neither children, wife, nor mother survive, the lawful or recognized nat
ural father, if he is unable to work and was dependent upon the worker.
Art. 136. The compensation which is to be'paid to the relatives enumerated
in the preceding article shall in every case be equivalent to one year’s wages
of the worker at the time of the accident.
Art. 137. If the accident or occupational disease causes permanent or tem
porary, total or partial, disability, only the injured worker has a right to the
compensation fixed in the following articles, but the relatives enumerated in
article 135 may exercise his right.
Art. 138. When the accident or occupational disease causes permanent total
disability of the worker, the compensation shall be equivalent to one-half of
the worker’s wages at the time of the accident for a period of two years.
Art. 139. When the accident or the occupational disease causes permanent
partial disability of the worker, the compensation shall equal the worker’s full
wages for one year.
A rt. 140. When the accident or occupational disease causes temporary dis
ability of the worker, the compensation shall amount to 50 per cent of the work
er’s wages at the time of the accident until he recovers. If the disability lasts
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longer than six months, this article shall continue to apply or the article which
may be applicable in the opinion of the board of conciliation and arbitration
shall apply* as the case may be.
A b t . 141. For the application of the preceding articles and the payment of the
compensation therein fixed, no order of any authority is necessary unless there
is a disagreement between the employer and the worker, in which case the
boards of conciliation and arbitration shall decide the matter in the manner
described in the part of this law treating thereof.
Art. 142. The provisions of this chapter do not modify nor alter in any way
the obligations which this law imposes upon employers in case of sickness or
death of the worker, regardless of the cause
NUEVO LEON
DECREE NO. 47 OF NOVEMBER 6, 1906
P a r t 1.—Civil liability
A rticle 1. The owner of any of the enterprises enumerated in this law shall
be civilly liable for accidents occurring to their employees or workers, which
arise out of or in the course of their employment.
The employer is not civilly liable for accidents due to the following causes:
1. Force majeure not connected with the nature of the industry in question.
2. Inexcusable negligence or serious fault of the worker.
3. Intent on the part of the employee or worker to cause damage.
A rt. 2. Every accident shall be considered to be covered by the first part o f
the preceding article unless proof is given o f one o f the conditions mentioned
in the latter part o f the same article.
A rt. 3. The enterprises in which the owner is civilly liable a r e :
1. Factories, workshops, and industrial establishments where power other
than man power is used.
2. Mines and quarries.
3. Construction, repair, and maintenance of buildings, bridges, canals, dikes,
aqueducts, sewers, urban and suburban railways and similar work, including
masonry work in all of its branches, carpentry, locksmithing, stone cutting,
painting, etc.
4. Metal foundries and metallurgical shops.
5. Loading and unloading and transportation enterprises which are not a
part of the Federal system.
6. Establishments where unhealthful, poisonous, explosive, or inflammable
materials are used or manufactured.
7. Agricultural enterprises where motors driven by power other than man
power are used.
8. Cleaning o f wells, latrines, sewers, and drains.
9. Gas and electric plants and telephone and telegraph establishments. This
includes the installation, repair, etc., of poles and transmission wires or tubes
both inside and outside the plant.
10. Any other similar industries.
A rt . 4. Liability fo r industrial accidents includes payment for medical and
pharmaceutical attention for the injured worker for a period not longer than
six months, funeral expenses when there are such, and in addition the follow in g :
1. If the accident produces temporary total disability for all work, the
employer shall pay the injured worker compensation equal to one-half of his
wages from the date of the accident until he is able to return to work.
2. If the disability is temporary partial or permanent partial, the compensa
tion shall be fixed, according to the circumstances, between 20 and 40 per cent
of the wages received by the injured worker at the time of the accident.
The liability of the employer specified in paragraph 1 shall not continue
longer than two years and in paragraph 2 than one year and a half.
3. If the disability is permanent total for all work, the employer shall pay
the injured worker his full wages for two years.
4. If the accident causes the worker’s death, the employer shall pay the
surviving widow, the descendants under 16 years of age, and the ascendants
if they were all supported by the deceased worker, the full wages of the latter
for the time specified in the following provisions:
(а) For two years, if the deceased is survived by a spouse, children, or
grandchildren.
(б) For 18 months, if only children or grandchildren survive.
(c) For one year, if only the spouse survives. If the surviving spouse is a
husband, compensation shall be granted only if he is unable to work.
(d) For 10 months, if survived by his parents or grandparents.
13494*— 30-------16
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Art. 5. All the periods specified in the preceding article shall date from the
time of the accident, but as regards the time between the date of the accident
and that of the death, the employer is required only to pay the difference be
tween that which he has paid under paragraphs 1 to 3 and that which he must
pay under paragraph 4.
A rt. 6. The compensation payments ordered by paragraph 4 o f article 4 will
cease before the time stipulated w h en :
1. The widow marries again. In this case, if there are children or grandchil
dren, the compensation will be continued as respects them, but only for the
time which is lacking to complete the period specified in paragraph (&).
2. The children or grandchildren become 16 years of age. In this case, if there
is a widow, she shall continue to receive the compensation for the time that is
lacking to complete the period specified in paragraph (c).
Part 2.—Procedure
A rt. 7. The judge [el juez de letras de la fraccidn judicial] of the locality
where the accident occurred shall be competent to hear claims for compensa
tion for industrial accidents, regardless of amount.
A rt. 8. Such claims shall be heard at an oral trial, observing all of the rele
vant provisions of the Code of Civil Procedure as to everything not covered by
this law.
A rt. 9. D ilatory and peremptory pleas shall be presented at the same time as,
and shall be considered with, the claim.
A rt. 10. Neither setoff nor counterclaim shall be permitted.
Art. 11. The time for producing evidence shall not exceed 15 days, during
which proof of liability must be presented.
A rt. 12. The time for argument shall be three days for each party, and the
decision must be rendered within the following six days.
A rt. 13. If the decision is against the defendant and he appeals, while the
appeal is pending the defendant shall pay the plaintiff, even though the latter
does not give security, 50 per cent of the sum awarded by the court, to be paid
in accordance with the provisions of paragraphs 1 to 4 of article 4.
Part 3.—General provisions
Art. 14. The provisions of this law are independent of those in Book II of
the Penal Code and the relevant parts of Chapter II, part 5, Book I, of the Code
of Penal Procedure, but if under these codes civil liability is found the amounts
already paid by the employer under this law shall be deducted from the amount
of the compensation ordered to be paid.
A rt. 15. If, in the case referred to in the preceding article, the verdict of
liability is against a third person, the employer shall have the right to demand
that the said third person reimburse him for the sums he has paid.
A rt. 16. If in the latter case the judgment reverses the first decision, which
was against the defendant, he shall have a right o f action against the plaintiff
for the return of the amounts which he has paid.
A rt. 17. The rights which this law establishes are exclusively for the persons
in whose favor they are declared. Under no circumstances may they be trans
ferred, renounced, nor impaired by agreements made prior to the accident which
gives rise to them.
Art. 18. Compensation arising under this law can not be attached for the
payment of debts of the injured worker or his beneficiaries.
A rt . 19. Actions to enforce the provisions of this law must be brought within
two years from the date of the accident.
OAXACA
C H A P T E R 21 O F T H E L A B O R L A W O F 1926
Article 253. An industrial accident is the change in the health of the work
man produced by an unforeseen happening which arises out of or during the
course of the work.
A rt. 254. Occupational diseases are those pathological conditions occurring
as a consequence o f continuous work performed by the worker.
Art. 255. In cases of occupational diseases and industrial accidents the
employer is required:
1. To pay his full salary until the workman has recovered and is in condition
to return to work.
2. To provide medical attention and medicines.
3. To pay the specified compensation for the disability which has resulted,
or, in case of the worker’s death, the compensation specified for his family.
Art. 256. Temporary or permanent disability of any member of the body,
total incapacity of a worker for any work, loss of life, or changes in the per
sonal appearance of the workman shall serve as a basis for claiming compensa
tion, whenever the same is caused directly by an occupational disease or
industrial accident.
Art. 257. The disability may be—
1. Temporary.
2. Permanent but not preventing the worker from doing his usual work.
3. Permanent and preventing the worker from doing his usual work.
4. Permanent total.
Art. 258. In cases of temporary disability, the employer shall pay full wages
to the workman until he is able to return to work.
A rt. 259. In cases o f death through an industrial accident or occupational
disease the employer shall pay the funeral expenses.
Art. 260. Regulation of compensation shall be in charge of a special com
mission on occupational diseases and industrial accidents, which shall function
in conjunction with the Central Board of Conciliation and Arbitration.
Art. 261. Such commission shall be composed of a chairman and two other
members, one of them being a lawyer and the other two State medical officials.
Art. 262. Claims for industrial accidents or occupational diseases shall be
presented to the board of conciliation of the place where they occurred or
appeared. In case the employer contests the claim the papers relating thereto
shall be filed within 10 days, accompanied by any evidence which may aid
in the decision.
Art. 263. The board of conciliation shall send the papers in the case to the
special commission of experts, which shall have wide discretion in receiving
proof during the period of one month, taking as the base for its finding the
nature of the injury inflicted, the length of the workman’s employment, the
importance of his work in the business, and the size of or amount of business
done by the enterprise.
Art. 264. The finding of this commission shall be delivered to the Board of
Conciliation and Arbitration, which shall advise the parties thereof within the
period of five days.
Art. 265. If any of the parties is not satisfied with the said finding, such
party may petition that expert proof be received along such lines as it may
propose.
Art. 266. A new finding shall be made by an expert named by each of the
parties and a third designated by the Board of Conciliation and Arbitration.
Art. 267. In case one of the parties refuses to name an expert, one shall be
appointed by the said Board of Conciliation and Arbitration.
Art. 268. The cost of the expert opinion shall be paid in equal parts by the
parties, without prejudice to the decision on this point in the final award.
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Art. 269. When no objection is made to the finding of the special commis
sion, the Central Board of Conciliation and Arbitration shall make its award,
basing it on such finding.
Art. 270. If any other expert finding, differing from the one rendered by the
special commission, shall be presented, the Board of Conciliation and Arbitra
tion shall decide, accepting the one which it believes the more accurate.
Art. 271. When the Board of Conciliation and Arbitration has made an award
establishing the bases for the computation of the compensation, the employer
shall give a guaranty consisting of a mortgage or bond, at his election, to assure
fulfillment of his obligation.
The bondsman in such cases shall not enjoy the benefits of attachment.
Art. 272. The employer shall be exempt from paying any compensation when
the accident or occupational disease is due to the fault of the workman or to
violation of safety or sanitary regulations; when it was due to the fault of
another worker; when the injured person was in a state of intoxication at the
time or suffering from some similar stimulation.
Art. 273. Members of the special commission who delay making a finding in
a case committed to it, resulting in damage to the workman, shall be fined,
administratively, up to 100 pesos for each case, in the discretion of the chair
man of the Board of Conciliation and Arbitration.
Art. 274. Disfigurements consisting of scars on the face or visible disfigure
ments of the body, according to their size and kind, shall be compensated in
the discretion of the Board of Conciliation and Arbitration, after a finding by
the special commission of experts.
Art. 275. In fixing the compensation in cases of death or permanent total
disability of the worker, the amount of wages the worker was receiving shall
be taken as the base and he shall be paid 30 per cent of the total wages
received by him.
Art. 276. If the deceased or permanently totally disabled worker had been
employed more than five years, he shall receive as compensation 30 per cent
of the wages received during the first five years and 40 per cent of the rest.
Art. 277. If the deceased or permanently totally disabled worker had been
employed over 10 years, the compensation shall be 30 per cent of the wages
received during the first five years, 40 per cent of the wages received during
the second five years, and 50 per cent of the rest.
Art. 278. Compensation shall be claimed by the relatives in the following
order of preference: 1. The surviving husband or w ife; 2. The children; 3. The
grandchildren; 4. The paternal ascendants; 5. The maternal ascendants;
6. The nearest blood relatives.
The same order shall be observed in the event of express waiver by one of
the persons named above.
Such claims may be made by the parties themselves, or by their legal repre
sentatives, if they are under parental control or guardianship.
Art. 279. Relationship shall be proved by the records of the Bureau of Vital
Statistics.
When records containing such facts were lost or registration thereof was not
made, the Board of Conciliation and Arbitration shall admit such other proof
as it deems proper.
Art. 280. The employer shall provide medical attention for the worker until
he recovers. In the meantime the board of conciliation or the Board of Con
ciliation and Arbitration shall determine whether the employer is required to
pay compensation. If the final decision should be adverse to the worker, it
shall cause the abrogation of the labor contract.
Art. 281. Should a sick workman refuse medical attention, or should he not
comply with the prescriptions given, the employer shall present the matter to
the Board of Conciliation and Arbitration in order that the latter may declare,
after investigation of the case, that the obligation of the employer and the
consequences thereof are extinguished.
Art. 282. In bankruptcy cases, compensation due the worker shall be recog
nized as specially preferred after debts due the State.
Art. 283. In a public sale or auction to make effective an attachment or a
garnishment against a business for debts contracted by the employer, compen
sation awarded the worker shall have preferential status.
Art. 284. The right to claim compensation for industrial accidents or occu
pational diseases ceases one year after they have occurred or appeared.
PUEBLA
PARTS 7 AND ID OF THE LABOR CODE OF 1921
P art 7
Chapter 1.—Industrial accidents and occupational diseases
A rticle 193. Employers are liable for industrial accidents and occupational
diseases of the workers, according to the provisions of this chapter.
A rt. 194.
all corporal
the work in
A rt. 195.
F or the purposes o f this code by “ acciden t” shall be understood
injuries suffered by the worker arising out o f or in the course o f
which he is engaged.
By “ occupational disease ” is understood any alteration in the
health of the worker arising out of or in the course of the work in which he is
engaged.
Art. 196. The employer shall be civilly liable for accidents or occupational
diseases, unless they are due to force majeure not connected with the nature of
the work in which they occur.
Art. 197. The industries or works in which employers shall be liable are as
follows:
1. Factories, workshops, or industrial establishments where power other than
man power is used.
2. Mines, carboniferous enterprises, salt works, and quarries.
3. Metallurgical factories and workshops.
4. Construction, repair, and maintenance of buildings, including masonry
and allied work, carpentry, locksmithing, stone cutting, painting, etc.
5. Establishments where explosive, inflammable, unhealthful, or poisonous
materials are produced or used industrially.
6. Construction, repair, and maintenance of railways, roads, aqueducts,
sewers, and similar works.
7. Agricultural and forestry occupations where they employ power other than
man power. In this work the liability of the employer exists only in respect
to the personnel exposed to the danger of the machinery.
8. Cartage and transportation by land, river, or air.
9. The work of cleaning streets, cesspools, and sewers.
10. Storehouses, wholesale coal yards, wood and lumber yards.
11. Theaters, moving-picture theaters, and circuses, with respect to the wageearning personnel.
12. Fire departments.
13. Gas and electric plants and the installation and maintenance of telephone
systems.
14. Installation, repair, and removal of electric conductors and lightning
rods.
15. All persons engaged in loading and unloading.
16. Any similar industry and work which is not included above.
Art. 198. The liability of employers for occupational diseases contracted by
the workers shall be governed by the provisions as to industrial accidents.
A rt. 199. Compensation which the employer is required to pay in case of
industrial accidents or occupational diseases shall be divided into temporary
and final.
A rt. 200. Temporary compensation includes the expenses o f medical atten
tion and medicines and full wages for not m ore than six months.
This shall be paid by the employer, without delay, until the degree of
incapacity for work, whether caused by an accident or by occupational dis
ease, is determined.
A rt. 201. Final compensation must be awarded whenever the degree of dis
ability of the worker caused by an industrial accident or occupational disease
has been determined according to this code.
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Art. 202. For the purposes of this law disability is divided into the follow
ing classes: 1. Temporary partial; 2. Permanent partial; 3. Temporary total
for the regular work; 4. Temporary total for all work; 5. Permanent total
for the regular work; 6. Permanent total for all w’ork; 7. Death.
Art. 203. Workers shall receive compensation for industrial accidents and
occupational diseases, which shall be regulated in conformity with the following
provisions:
1. In case of temporary partial disability, the employer is required to give
as compensation an amount equal to the wage reduction due to the disability,
if not exceeding six months; otherwise the provision for permanent partial
disability shall apply.
2. For permanent partial disability, the employer shall pay the worker com
pensation equal to one year’s wages, or at the option of the employer, provide
him with work at which he can earn the same remuneration he was earning
before.
3. In case of temporary total disability for the regular work, the employer
shall pay the worker compensation equal to the difference between the wages
which he earns in his new occupation and those which he previously received
up to the day when he can return to his regular work, provided this does not
exceed six months. Otherwise, the provision in paragraph 4 of this article
shall apply.
4. If the accident produces temporary total disability for all work, the in
jured worker shall receive as compensation from the employer his full wages
during the time the disability lasts, until he is able to return to work, provided
this does not exceed six months; otherwise, the provision for permanent total
disability for all work shall apply.
5. In case of permanent total disability for the regular work, the employer
shall pay as compensation to the worker an amount equal to 18 months’ wages,
provided the disability does not prevent him from doing some other kind of
work.
6. In case of permanent total disability for all work, the employer shall pay
the worker as compensation an amount equal to two years’ wages.
7. In case of death resulting from an industrial accident, the employer shall
be required to pay compensation, including funeral expenses. The latter shall
not exceed 50 pesos.
The ascendants, descendants not over 18 years of age, and the spouse shall
be compensated in the following manner:
1. With a sum equal to the average wage of the deceased worker for two
years, when he leaves a widow and legitimate or recognized illegitimate chil
dren, or orphan grandchildren whom he was supporting.
2. With a sum equivalent to 18 months’ wages, if he leaves only children and
grandchildren.
3. With one year’s wages to the widow without children or descendants of
the deceased worker.
4. If neither widow nor descendants survive, with 10 months’ wages to the
parents or grandparents of the deceased worker, provided they are over 50 years
of age and have no means of livelihood.
When there is only one ascendant surviving, he shall receive 6 months’ wages
only.
The compensation provided in case of death shall be paid when the legitimate
or illegitimate descendants are sick or disabled even if they are over the age
limit of 18 years fixed by this law.
Art. 204. When a worker who dies as the result of an industrial accident
or occupational disease is survived by illegitimate and legitimate children the
compensation shall be divided equally among all of them. With regard to the
others included in the preceding article, they shall receive the compensation
according to the provisions of the Civil Code of the State, with any amend
ments which may be made thereto by law.
Art. 205. The worker who suffers an accident has in his favor the legal pre
sumption that it comes under the conditions stated in article 194 of this code.
The burden of proof as to its exception is on the employer.
Art. 206. Whenever the employer believes it necessary he may ask the Bureau
of Labor and Social Welfare for a physical examination of a worker entering
his establishment, so that at the proper time he may allege such action if his
interests so require.
TEXT OF LAW S---- PUEBLA
241
A fine not to exceed 100 pesos shall be imposed administratively on the em
ployer who requests said examination without inclosing the opinion of his own
physician.
Abt. 207. In all cases of industrial accident or occupational disease, first-aid
treatment shall be given by the physician designated by the employer. Later
treatment shall be given by the physician chosen by the worker. For this pur
pose the State budget shall provide money to pay the fees of the physician
chosen by the worker in those cases in which said expenses are not paid imme
diately by the employer. This provision does not affect the rights of the worker
or the administrative action to penalize the employer who refuses to pay the
temporary compensation by a fine of not to exceed 500 pesos.
Art. 208. In the case specified in the preceding article, the receipt which the
State obtains from the physician who treated an injured worker or one who
needed emergency attention shall be sufficient cause for the competent judicial
authority to issue 'execution against the employer for the amount covered by
the said receipt.
Art. 209. In case of No. 2 in article 202 of this code, when the permanent
partial disability for the regular work is considered to be over 50 per cent, the
provision for permanent total disability for the regular work shall be taker- into
consideration in determining benefits under this chapter.
Art. 210. In case an industrial accident causes a worker’s disability, notwith
standing his special skill makes up for the functions of the lost members, he
shall be considered included under the paragraph of article 202 of this code
relating thereto.
Art. 211. In fixing the compensation provided for in this chapter, the average
wage which the worker received during the last four weeks of normal work
shall be taken as the base. When this is not possible the average wage of
other workers doing similar work shall be taken as the base.
Art. 212. Apprentices in industrial establishments who live with the employer
or under any other guardianship, notwithstanding the provision in article 91,
shall have the same rights against the employer in case of industrial accidents
or occupational diseases which this code grants to all workers in general.
Art. 213. The compensation fixed by this code shall be increased one-half
when the accident or occupational disease occurs in an establishment which
lacks the safety devices, safety measures, or sanitary conditions necessary to
prevent them.
The same penalty shall be imposed on employers who fail to give rhe neces
sary instructions for the operation of machinery and apparatus.
Art. 214. The worker shall receive temporary compensation from the moment
of the accident up to the day when the injuries resulting therefrom are healed.
In case this is not possible to determine, such compensation shall be paid to
the time when the physician considers the worker has made the greatest pos
sible recovery.
If the worker can perform his regular work, even if only partially, his tem
porary compensation shall cease from the moment the attending physician
makes a deposition to that effect, and in such case article 203 of this code
applies.
Art. 215. The physicians attending the worker shall be required to make out
the following certificates:
1. At the time of the accident, one stating the result thereof;
2. At the time of the healing of the injuries, one certifying as to his state of
health, stating whether he is able to return to work, even if it be in a partial
way, and the kind of disability, if it can be determined, classifying it according
to article 202 of this code; and
3. In case of death, the death certificate.
Art. 216. In making out the certificate referred to in paragraph 2 of article
215 the physician may be assisted by two experts in the trade or occupation
of the worker, who shall be designated by the physician and for whom he shall
be responsible.
Art. 217. In cases where the worker is able to return to his regular occupa
tion, having recovered from the injuries caused by an industrial accident, even
if only partially, the employer shall be exempt from civil liability for that
part of the wages he was receiving before the accident which he is able to earn
by his work.
Art. 218. In all cases of industrial accidents, the employer is required to
make a detailed report of the same to the Bureau of Labor and Social Welfare,
242
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o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
to its branch offices, and to the chief municipal authority of the place, within
24 hours, under penalty of from 1 to 100 pesos fine.
Art. 219. When a worker becomes disabled because of an occupational dis
ease, he or his family shall have the right to the compensation referred to in
this chapter, under the following circumstances:
1. The disease must be declared to be the effect of the kind of work the
injured worker performed during the year prior to the disability.
2. If it is proved that the worker was suffering from such disease before
entering the employment which he had to abandon, no compensation shall be
paid.
3. The compensation shall be demandable from the last employer for whom
the man worked, during the year referred to, in the occupation the nature of
which caused the disease, unless it is proved that it was contracted in the
service of another enterprise, in which case the latter shall be liable.
4. If the disease, owing to its nature, could have been contracted gradually,
the other employers in whose service the worker had been employed during
the last year on the kind of work which caused the disease are liable to the
last employer for a proportionate share of the compensation, to be fixed by the
Bureau of Labor and Social Welfare if there is any controversy concerning it.
5. The employer in whose service a worker is incapacited by an occupational
disease shall notify the authorities mentioned in the preceding article.
A rt. 220. In case o f death, the owner o f the enterprises referred to in article
197 o f this code may grant, instead o f the compensation fixed in article 203,
paragraph 7 et seq., life pensions, provided they are guaranteed to the satisfac
tion o f the injured worker or his lawful heirs in the manner and amount
stated b elow :
1. A sum equal to 40 per cent of the annual wage of the deceased worker,
payable to the widow, legitimate or recognized illegitimate children, or the
orphaned grandchildren who had been supported by him, until the latter become
18 years of age.
2. Twenty per cent of the annual wage of the deceased to the widow with
out children or descendants of the deceased.
3. Ten per cent to each one of the ascendants if the deceased worker is not
survived by a widow or descendants, provided the total does not exceed 30 per
cent of the wages. In the case in paragraph 1 the widow shall not receive
jointly with the others the pension benefits if she marries a second time or it
is known that she has illicit marital relations.
Art. 221. An employer may likewise discharge the obligations in articles 200
and 201 of this code, or any of them, by insuring his workers against accidents,
at his own expense, in an insurance company legally organized, and accepted
by the Bureau of Labor and Social Welfare; but the amount of the insurance
must never be less than that which the worker must receive in each case under
the law.
A rt. 222. Every labor contract in which, under the preceding articles, the
compensation to which the worker is entitled is discharged by life pensions or
insurance policies shall be null and void unless expressed in writing.
Chapter 2 .—Procedure
A rt. 223. Temporary compensation shall be paid in accordance with the
follow in g paragraphs:
1. The first treatment or first aid shall be given as soon as the employer or
his subordinates have knowledge that an accident has occurred, or the first
symptoms of an occupational disease are manifested in an acute form.
2. The full wage to which the injured worker is entitled until the injuries
have healed, or the utmost recovery has been reached, or the extent of dis
ability has been definitely determined, shall be paid in the form agreed upon
in the contract, and these payments shall be made weekly in advance, when
such period is specified for the payment of wages.
3. The expenses of medical attention and medicine shall be paid by the em
ployer to the physician or pharmacist designated by the employer, or to the
one selected by the worker under article 207, at the first request of the physician
or the pharmacist.
In case the employer refuses to pay the expenses above mentioned, the State,
under the same provision, shall pay said expenses, obtaining the documentary
evidence of the debt in order to bring an action against the employer, being
subrogated to the rights of the worker.
TE X T OP LAW S— PU E BLA
243
The amounts paid into the public treasury through the collection of these
debts as well as of the fine referred to in the last part of article 207, already
cited, which shall always be exacted, shall be credited exclusively to the item
in the budget specified in said section.
4. In case the employer and the worker, at the solicitation of either of them,
wish to make an agreement as to the manner of receiving the temporary com
pensation, it shall be necessary for the Bureau of Labor and Social Welfare,
or its branches in outside municipalities, to intervene, and if a clause or
clauses of the agreement alter the amount of the compensation prescribed by
provisions of this code they shall be null.
The agreement referred to shall always be in writing and shall be authorized
by the chief of the Bureau of Labor and Social Welfare or of its branches.
Abt. 224. Actions to recover final compensation shall be brought subject to
the conditions as to actions for debt under the provisions of the State Code
of Civil Procedure.
Art. 225. In a case under the preceding article there shall be attached to the
claim the following documents, to expedite the execution:
1. The labor contract, when in writing.
2. The medical certificates referred to in article 215 of this code.
Abt. 226. In this class of trials, counterclaim and set-off shall not be allowed.
A bt. 227. In this class o f trials the only appeal admissible w ill be that for a
new trial.
Abt. 228. Judgments in actions for debt which relate to final compensation
for industrial accidents or occupational diseases may be revised, on petition of
the worker, within a period of three years, when the industrial accidents or
occupational diseases have caused a greater disability than that which had been
taken into consideration in passing judgment.
Abt. 229. The disability referred to in the preceding article must have devel
oped after the date of the judgment.
Pabt 10
Chapter 1.—Final provisions
Abt. 308. In fixing the compensation provided by this code the year shall be
computed as 300 days and the month as 30 days, but if the first is taken as the
base in fixing compensation for the worker, no days shall be deducted, and
only when the second is taken as a base shall the holidays be deducted, unless
the number of months exceeds one year, in which case the first part of this
provision shall be taken as the base.
$
$
$
^
$
A bt. 324. The rights granted by this code relative to industrial accidents or
occupational diseases apply exclusively to the persons in whose favor they are
established, and may not be transferred nor diminished for any reason by
agreements made previous to the accident which gives rise to the claim.
Abt. 325. Compensation granted for industrial accidents or occupational dis
eases shall not be subject to attachment for the debts of the injured worker or
the one who is to receive the compensation.
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Art. 328. In all cases of industrial accident which result in death, it is an
indispensable requisite that the physicians certify that death was a direct and
necessary consequence of the accident.
QUERETARO
P A R T 5 O F T H E L A B O R L A W O F 1922
A rticle 137. Under the terms of this law, employers are responsible fo r all in
dustrial accidents and occupational diseases o f the workers, even though the
employers contract out the work to intermediaries.
A rt . 138. An industrial accident is any unforeseen occurrence which causes a
physical injury to the worker while he is doing the work intrusted to him.
A rt. 139. An occupational disease is any organic disorder contracted or de
veloped during the regular perform ance o f work and which causes temporary or
permanent disability or death o f the worker.
A rt. 140. By “ disability ” is meant the loss or impaired use o f any member
o f the body or o f the mental faculties o f the worker as the result o f an industrial
accident, which makes it impossible for him to do efficiently the work in the
occupation he was in prior to the accident.
A rt. 141. The compensation to be paid by the employer shall vary according
to the kind o f accident or occupational disease suffered by the w orker or which
one o f the follow ing effects results th erefrom :
1. Death; 2. Permanent total disability for all work; 3. Permanent partial
disability; 4. Temporary disability.
A rt. 142. If the accident causes the death of the worker, the employer must
pay the funeral expenses, according to the station of the worker. This cost
must not be less than 20 pesos. The employer is also required to compensate
the relatives of the worker in the manner determined in the following para
graphs :
1. W ith a sum o f money equal to two years’ wages earned by the deceased, if
he leaves a widow and children or orphan grandchildren who were in his care.
2. A sum of money equal to one and one-half years’ wages if the deceased
leaves only children or orphan grandchildren.
3. A year’s wages to the widow if there are no children or orphan grand
children.
4. A h alf year’s wages when the deceased leaves only a parent or grandparents
who are permanently, temporarily, or partially incapacitated, regardless o f the
cause o f the disability.
5. In cases of occupational diseases which cause disability or death, the above
compensation shall apply.
A rt . 143. The compensation fixed in the preceding article shall be increased
50 per cent when the accident was caused by the failure o f the employer to have
proper safety devices on his machinery and equipment, or when the accident
occurred while the w orker was doing work classed as dangerous or unhealthful
in articles 21 and 22 o f this law.
A rt. 144. The compensation shall be paid in a lump sum in legal currency.
A rt . 145. For the purposes o f this law, by “ permanent total disability ” is
meant that which prevents the wrorker from doing any kind o f work during his
life.
Permanent partial disability is that which prevents the worker from doing
the work he did before the accident.
Temporary disability is that which prevents the worker from doing his work
for a certain time only.
A rt. 146. In case of accident or occupational disease the injured person has
the right to the compensation allowed, and it may be claimed in his name by
the ascendants or descendants mentioned in the pertinent paragraphs o f article
142 o f this law, upon duly establishing their identity.
A rt . 147. Compensation for disability shall be regulated by the following
provisions:
1.
If the disability is permanent total the employer shall give the injured
worker compensation equal to two years’ wages.
244
TEX T OF LAW S— QTJERETARO
245
2. If the disability is permanent partial the employer is required to give the
worker, with equal pay, other work suitable to his condition, or to pay him
compensation equal to one and one-lialf years’ wages, at the employer’s option.
3. If the disability is temporary the employer shall give the injured worker
compensation equal to one-half of his daily wages from the date the disability
began until the time when the worker is able to return to his work.
Art. 148. The worker who has served an employer or enterprise for more
than 30 years shall have the right to an individual pension equal to one-half the
last full wage received during the previous three months.
Art. 149. The employer is required to give medical and pharmaceutical aid
to the worker until he is able to return to work, dies, or the physician declares
him disabled and subject to the paragraphs of article 147 of this law.
Art. 150. Compensation for industrial accidents or occupational diseases shall
be settled, in case of controversy, by the board of conciliation and arbitration,
as stipulated in this law.
SAN LUIS POTOSI
DECREE NO. 139 OF MAY 30, 1923
A rticle 1. Employers in general, regardless o f their character or classifica
tion, are required to protect the safety and health o f their workers by all the
means in their power.
A rt. 2. Employers are also required to pay workers the compensation specified
in this law when they suffer industrial accidents while engaged in work fo r the
employer.
A rt. 3. The employer is required to furnish the necessary first-aid, medical
supplies, and rooms for emergency cases and to have a physician or to call the
nearest one, the expenses o f first aid and subsequent care being paid for by the
employer.
A rt. 4. In cases o f industrial accidents or occupational diseases contracted in
the employer’s service, the latter shall give the ill or injured employees or work
ers their full wages as long as they are unable to work, which may in no case
exceed six months. The employers shall reemploy such workers when they
recover, if there is a vacancy.
Art. 5. I f the accident or occupational disease causes the worker’s or em
ployee’s death, the employer is required to pay the funeral expenses, which shall
not exceed 100 pesos (national gold), and if they exceed that amount, he shall
contribute said amount to the expenses.
Art. 6. Employees and workers who have lost or may lose any of their mem
bers in an industrial accident in the service of the employers shall be furnished
artificial members by the employers.
A rt. 7. In cases o f death originating in the performance o f the work, the
employer shall be required to compensate the worker with one year’s wages
which he was receiving at that time, if the capital o f the enterprise is 10,000
to 50,000 pesos; and with two years’ wages if the capital exceeds this amount, in
the judgment of the board o f conciliation and arbitration.
Art. 8. In cases of death from industrial accidents or of permanent total disa
bility, the compensation shall be paid to the lawful heirs of the worker.
A rt. 9. When an industrial accident causes a more or less serious mutilation
which produces permanent partial disability only, the employers must pay com
pensation, which shall be fixed in each specific case according to the seriousness
o f the damage caused. Fixing the amount o f the compensation shall be by
mutual agreement between the employers and the injured workers, and in case
o f difficulty the board o f conciliation shall render an award in the case.
Art. 10. WThen any employee or worker, outside o f the work, contracts a dis
ease which prevents him from working, and which is not o f a venereal character,
nor brought on by any immorality on his part, he shall have the right to obtain
from the employers, after presenting a medical certificate, leave o f absence with
full pay for one month, which may be extended a specified number of days, as
determined by the attending physician in agreement with the employer.
A rt. 11. The compensation, replacement of limbs, reinstatement in employ
ment, and recovery o f wages referred to in this law shall be compulsory for
those establishments only whose capital is not less than 10,000 pesos.
246
SINALOA
D E G R E E NO. 165 O F J U L Y 15, 1920
Chapter 1.—Obligations of employers to compensate injured workers
A r t i c l e 1. The effects of this law are binding in the State, on employers as
well as workers, and the benefits and provisions established thereby may not
be renounced. Furthermore, the provisions of this law are absolute, and no
suits or actions arising from accidents may be brought except those necessary
to enforce payment of the compensation awarded in favor of the injured person.
A rt. 2. This law is not applicable to an employer who on the date of the
accident does not employ more than five workers, nor to domestic workers, nor
to persons whose work is of a casual nature.
A rt. 3. Disputes arising in the application of this law shall be decided by the
municipal boards of conciliation or by the State Central Board of Conciliation
and Arbitration in conformity with the laws.
A rt. 4. The Central Board of Conciliation and Arbitration shall designate a
counselor, who shall represent the said board in all cases in which the board so
requests.
Art. 5. For the purposes of this law, the Central Board of Conciliation and
Arbitration and the municipal boards of conciliation shall have the following
powers:
1. To appoint the physicians comprising the medical commission, who shall
examine injured workers and give opinions on occupational diseases.
2. To grant hearings and decide disputes within the sphere of their authority.
3. Those powers expressly specified in this law, the conciliation and arbitra
tion law, and other relevant laws.
A rt. 6. In case of controversy between employers and workers relative to
the nature and the extent of the injury suffered or of the occupational disease,
the employers shall have the right to subject the worker to an examination by
a medical commission, appointed in the following manner:
One physician shall be named by the municipal board of conciliation or by
the Central Board of Conciliation and Arbitration, the State or municipality,
as the case may be, paying his fees; another shall be named by the employer,
the latter paying his fees; and a third by agreement of the first [two], he
being paid by the person requesting the examination. If the first two fail
to agree on the third, such third physician shall be named by the governor of
the State. Said physicians may be named for a special case or for all the
cases which occur in a single enterprise during a fixed period, as the Central
Board of Conciliation and Arbitration may decide.
Acts or decisions of [two] members of the medical commission shall be con
sidered the acts or decisions of the commission itself, provided the third mem
ber was informed, in due time in advance, of the date, hour, and place set
for the examination or consultation.
For the decisions of two members of the medical commission to be legal and
final, the two must agree; otherwise the case shall be continued until it can be
brought before the entire commission.
The medical commission shall meet and function at the request of the Central
Board of Conciliation and Arbitration, and whenever requested in writing by
the employer or worker. When the commission is permanent it shall not be
required to act in the same case more than once each three months, except in
cases wherein it is necessary to determine whether or not the compensation
being paid a worker should be discontinued or when so ordered by the governor
of the State.
A rt. 7. An independent contractor who employs workers shall be considered
an employer, having all the obligations and rights established by this law, and
the individual, company, or civil or mercantile society for whom he works shall
be exempt from all liability toward him and his workers.
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248
CO M PENSATION LEGISLATION
A rt. 8. When an employer orders work done through a contractor who is not
independent but carries on the work under the supervision o f the said employer,
all persons engaged in said work, including the contractor, shall be considered
workers.
A rt. 9. When an employer orders work done by an independent contractor
without a previous express agreement as to the wages o f the contractor and his
workers, in case o f accident the said wages shall be fixed on the basis o f the
current wage paid for the same or similar work in the locality in which it was
performed.
Chapter 2.—Scope and meaning of terms
Art. 10. For the purpose of this law, the following definitions shall govern:
1. By “ accident ” is understood any bodily injury suffered by a worker
which arises out of and in the course of the work which he performs for
another and which is not occasioned by force majeure or other cause not con
nected with the nature of the work.
2. By “ employer” is understood the individual, company, or civil or mer
cantile society which is the owner of the works, operation, or industry in which
the work is performed and which has the right of directing the workers in the
details of their work.
3. By “ worker” is understood anyone who customarily performs manual
labor outside his home for another.
4. By “ beneficiary ” is understood the person or persons to whom, in case of
death or mental derangement of a third person, the compensation therefor
shall be paid.
5. By “ children ” is understood legitimate posthumous children, stepchildren,
legally adopted children, legitimate children, and children legitimated prior to
the accident, and those legally recognized.
6. By “ physician ” is meant also a surgeon.
7. “ Casual occupation ” is understood to mean work which is not the usual
occupation of the industry, profession, or occupation of the employer.
8. An “ independent contractor ” is one who does work, complying with the
wishes of the employer only so far as concerns the final result, but not the
manner in which the said work is performed.
9. By “ average weekly wage ” is understood the average amount earned by
the worker by virtue of his employment, including extra time or overtime, based
on the actual time he worked during the period specified, and computed on the
daily wage received on the date of the accident, no charges or deductions what
soever being taken into consideration.
10. By “ liquid assets ” is understood the cash on hand and other property
which can be quickly converted into cash, excluding real estate, and deducting
from the total the amounts due to workers as salaries or wages.
11. By “ hospital ” is understood any hospital or infirmary belonging to the
employer or which is under his direction, or which, though of public or private
ownership, is available to him or his workers, or in lieu thereof any improvised
hospital or infirmary.
12. An occupational disease is a disease contracted during the usual course
of the work and as a consequence of the same.
Chapter 3.—Classification of accidents and method of payment
Art. 11. The base in calculating the compensation established in this law
shall be 50 per cent of the average weekly wage and can not be more than 15
nor less than 6 pesos a week; in calculating its amount, the cash value of the
food, house, firewood, and other emoluments which can be estimated in money
and which the worker received as a part of his remuneration shall be taken
into account.
A rt . 12. The average weekly wages fo r workers who on the date o f the acci
dent received their wages on a monthly basis shall be calculated by dividing
the monthly wage by 30 and multiplying the amount thus obtained by 6.
Art. 13. As regards the average wage which shall be paid the worker during
his treatment and until final compensation is paid, it shall be understood that
these payments are subject to a maximum of 20 pesos and a minimum of 6 pesos
per week.
Art. 14. Employers whose liquid assets on the date of the accident are not
more than 15,(XX) pesos, which must be proved to the satisfaction of the munici
pal board of conciliation or before the State Central Board of Conciliation and
TEX T OF LAW S---- SINALOA
249
Arbitration, shall not be required to pay the entire amount of the compensation
but shall pay for accidents the compensation therefor, as follows:
1. When the compensation awarded by the board is less than 500 pesos, the
full amount shall be paid in a lump sum immediately after the favorable
adjudication of the claim.
2. If the compensation is more than 500 and less than 1,800 pesos, two-thirds
thereof shall be paid, but in no case may the amount paid be less than 500 pesos.
3. When the compensation is 1,800 pesos or over, one-half of the compensation,
but not less than 1,000 pesos, shall be paid.
4. If the amount to be paid (in a lump sum) is over 500 and less than 1,800
pesos, one-half thereof, but in no case less than 500 pesos, shall be paid im
mediately following the favorable adjudication of the claim, and the balance
within one year from the date of the accident.
5. If the amount to be paid (in a lump sum) is 1,800 pesos or over, one-fourth
of the amount, but in no case less than 750 pesos, shall be paid immediately
following the award, and the remainder in the following manner: One-third
in 6 months and the rest in 15 months after the date of the accident.
6. If within the periods specified the enterprise, becomes insolvent, the
beneficiary shall have a claim only on the property of the enterprise, the
liability of the owner being terminated.
A r t . 15. With the exceptions specified in article 2 of this law, every employer
in the State, including the State government and the municipalities when they
assume the character of employers, is required to give and pay to every worker
(or to his beneficiaries) who suffers an accident or occupational disease coming
within the definitions in paragraphs 1 to 12 of article 10 of this law, which
arises out of or in the course of the work performed by the worker for his
present employer, and which results in death or temporary or permanent, total
or partial, disability, the compensation fixed by the municipal board of con
ciliation or the State Central Board of Conciliation and Arbitration, as the
case may be, taking into account the following cases:
1. Accident which through the injury suffered causes instant or ultimate
death.
2. Permanent total disability.
3. Loss of an arm near* the shoulde*.
4. Loss of an arm at the elbow.
5. Loss of an arm between the wrist and the elbow.
6. Loss of a hand.
7. Loss of a thumb and its metacarpal bone.
8. Loss of a thumb of the hand at the proximal joint.
9. Loss of a thumb of the hand at the distal joint.
10. Loss of an index finger and its metacarpal bone.
11. Loss of an index finger at the proximal joint.
12. Loss of an index finger at the middle joint.
13. Loss of an index finger at the distal joint.
14. Loss of a middle finger and its metacarpal bone.
15. Loss of a middle finger at the proximal joint.
16. Loss of a middle finger at the middle joint.
17. Loss of a middle finger at the distal joint.
18. Loss of a ting finger and its metacarpal bone.
19. Loss of a ring finger at the proximal joint.
20. Loss of a ring finger at the middle joint.
21. Loss of a ring finger at the distal joint.
22. Loss of a little finger and its metacarpal bone.
23. Loss of a little finger at the proximal joint.
24. Loss of a little finger at the middle joint.
25. Loss of a little finger at the distal joint.
26. Loss of a leg near the hip, precluding the use of an artificial limb.
27. Loss of a leg above the knee, permitting the use of an artificial limb.
28. Loss of a leg between the knee and the ankle.
29. Loss of a foot at the ankle.
30. Loss of a big toe of the foot and its metatarsal bone.
31. Loss of a big toe of the foot at the proximal joint.
32. Loss of a big toe of a foot at the distal joint.
33. Loss of any other toe of the foot and its metatarsal bone.
34. Loss of any other toe of the foot at the proximal joint.
35. Loss, of any other toe of the foot at the middle joint.
36. Loss of one eye by enucleation.
250
37.
38.
39.
40.
41.
42.
43.
w o r k m e n ’s
COM PENSATION LEGISLATION
Total loss of the sight of one eye without enucleation within one year.
Diminution of the sight of one eye exceeding 50 per cent.
Diminution of the sight of both eyes exceeding 50 per cent.
Total loss of hearing.
Total loss of hearing in one ear.
Reduction of hearing exceeding 50 per cent.
Bone fractures:
(а) Of the collar bone.
(б) Of the humerus.
(c) Of the shoulder blade.
(d) Of the head of the humerus.
(e) Of the arm between the elbow and the wrist of the radius or
ulna—of one or both.
(f ) Of the head of the ulna.
(g ) Of the wrist.
(h) Of the hip at its articulation with the femur or at its articulation
with the trunk.
(i) Of the femur.
O') Of the knee or knee cap.
(7c) Of the ankle.
(I) Of the tibia and fibula—of one or both.
(m) Of the skull.
44. Sprains, ruptures, and dislocations:
(a) Of the shoulder.
(&) Of the elbow.
(e) Of the wrist.
id) Of the hand.
(e) Of the hip.
(f) Of the knee.
(g) Of the ankle.
(h) Of the foot.
45. Injury to any of the joints mentioned above, when the symptoms are
objective, 50 per cent of the amount for that specified in No. 44, and when the
symptoms are merely subjective, only 20 per cent, in the manner above specified.
46. Permanent stiffness (ankylosis) of any of the joints mentioned above
when this is accompanied by partial loss of function and is not subject to the
provisions of article 20:
(a) Of the shoulder.
id) Of the elbow.
(c) Of the wrist.
(<Z) Of the hands or of the fingers.
(e) Of the hip.
if) Of the knee.
(g) Of the ankle.
(h) Of the foot.
47. Partial loss of function following an accident not provided for above, 25
per cent more than the compensation awarded for the particular accident.
48. Loss of teeth or molars---------(or substitution of artificial teeth or molars
by a competent dentist).
49. Mental derangement resulting from an accident, when it occurs within
one year from the date of the accident.
In fixing the compensation referred to in the first paragraph of this article
the board shall consider the medical certificate as well as the consequences of
the accident which caused the injury.
A r t . 16. In case of mental derangement resulting from an accident the em
ployer shall not be bound by the obligation established in article 22 for a period
longer than 13 weeks, if the external injuries of the worker have been cured.
The compensation fixed by the board shall be paid to the descendants, ascend
ants, or guardians of the incompetent, in accordance with the provisions of the
Civil Code, and the receipt given by them shall be final.
Art. 17. In case of hernia the worker shall fully prove that this is of recent
origin; that its appearance was painful; that it was immediately preceded by
some extraordinary strain suffered in the course of the work or employment.
When the foregoing has been proved the employer shall be obliged to provide
hospital care and medicines, if necessary, as well as medical attention, and to
pay the cost of an operation if necessary to cure the disease. If the patient
chooses to submit to said operation, this shall be performed in the hospital of
TE X T OP LAW S— SINALOA
2 51
the employer and, furthermore, the employer shall pay said patient an amount
equal to 50 per cent of his average wage for a period not exceeding four weeks.
In case the worker refuses to submit to an operation the employer will be
relieved from all liability in the case. If the worker’s death results from the
operation or because of strangulation due to failure on his part to submit to
the operation, the employer shall not be required to pay any compensation
whatsoever.
Art. 18. In case of internal injury or fracture in or of the trunk of the body,
or the neck, throat, mouth, head, or genital organs, or any other member or organ
of the body, for which no special compensation is fixed by this law, or in case
of total or temporary disability, the employer shall be required to provide the
injured worker with the medical assistance referred to in article 22 during
the period of time fixed by the board, with the understanding that the employer
may demand that the worker undergo a physical examination by the medical
commission which has been appointed under the provisions of article 6 when
it deems it necessary, and when in the judgment of the said medical commission
the worker has recovered, the medical care shall stop. If on the termination of
the period fixed by the board, but not before unless by common agreement,
the worker chooses to leave the care of the employer he shall be paid compensa
tion based on 50 per cent of his average weekly wage, taking into account the
time which, by reason of the accident, he was unable to work. If the worker,
without having recovered, chooses to leave the care of the employer, he shall
not be entitled to receive any other compensation or benefit, with the exception
of that which he has received as provided in article 22.
Art. 19. For the purposes of this law, the loss of both hands, or both arms,
both legs above the knees, or both eyes, or a fracture of the spine causing com
plete paralysis of the part of the body below the fracture, shall be considered
permanent total disability.
Art. 20. The total loss of use of a hand, a leg, an arm, or a foot of a worker
caused by an accident in the course of his work with his present employer shall
be considered the loss of said member.
Art. 21. If a worker who has previously received any payment or payments
under this law from the same employer suffers another accident, compensation
for the latter shall be fixed by the board in accordance with the provisions of
this law, taking into consideration the combined effect of the two accidents and
the compensation he has theretofore received.
Art. 22. In any case of accident occurring during the work, the employer
shall have the imperative obligation of providing the injured person with hos
pital care, if necessary, medicines and medical treatment, and after the in
jured worker has been disabled two weeks, but not before, he shall be paid a
weekly sum equal to 50 per cent of his average wage. When, in the opinion of
the attending physician, the injured worker has recovered to a degree permit
ting his dismissal, he shall be paid the compensation awarded by the board.
Under no circumstances shall the costs of medical attention, nor the sums
given him during his illness be deducted, unless the latter have been paid as ad
vances on his- final compensation.
Art. 23. If death occurs near the scene of the accident and as a result of the
same, and the deceased leaves no beneficiaries, the employer shall pay the rea
sonable funeral expenses, which shall not exceed 75 pesos, and this shall be the
sole compensation.
Art. 24. In case of minor accidents causing merely sores, contusions, or minor
dislocations or fractures, which are not specified in this law, and which do not
endanger the loss of any member, the employer is required to provide the in
jured worker with the medical assistance specified in article 22, as well as to
reemploy him, circumstances permitting, or the employer may, at his option,
pay to the injured worker an amount equal to 50 per cent of his average weekly
wage for the period fixed by the board.
Art. 25. Payments to beneficiaries shall be made in the following order:
1. To the surviving spouse.
2. To the guardian of minor children under 16 years of age, or of children
afflicted with a physical or mental disability rendering them dependent on the
deceased for their maintenance, regardless of age.
3. If those above mentioned are lacking, to the dependent parents.
4. There being no dependent parents, to the brothers or sisters under 16 years
of age, when their dependency has been duly proved.
13494°— 30-------17
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CO M PENSATION LEGISLATION
Art. 26. When it is necessary to make a payment to a beneficiary who has
not reached his majority or to a legally incompetent person, said payment shall
be made to the duly appointed guardian, or to the ascendants or descendants of
said incompetent, and the written receipt given by said ascendant, descendant,
or guardian shall constitute full proof of the said payment.
Art. 27. Relationship shall be proved by the records in the Bureau of Vital
Statistics, but if, notwithstanding this, an employer in good faith pays compen
sation to a claimant who has established his relationship and claim to the said
compensation, through presentation of a record of the Bureau of Vital Statis
tics, and later a second person appears as claimant to the same compensation,
the employer shall not be required to make another payment to the second
claimant. The party appearing as second claimant to the compensation may
bring suit only against the party receiving the first payment, for the return of
the amount he should not have received.
Chapter 4.—Genei'al provisions
Art. 28. The legally constituted beneficiaries shall be determined as of the
date on which the accident to the worker occurred, whether or not his death
resulted immediately.
Art. 29. If a worker dies from a cause not resulting directly or immediately
from the accident, there shall be no right to compensation for his death, but his
beneficiaries shall receive the compensation which, according to the nature of
the accident, the board awards.
A rt. 30. Employers shall not be liable for compensation for damages caused
by accidents occurring in their works or departments in the follow ing ca ses:
1. When a person not connected with the work enters any dangerous place
in a mine, workshop, or department with or without permission of those in
charge.
2. When the accident is caused by a criminal act.
3. When the death of the worker results from a cause outside of the accident
suffered.
4. When the accident is caused by willful negligence on the part of the
worker, or his disobedience of the rules and instructions, or failure to observe
the notices or other warnings or safety measures which have been posted or
established for his protection and information.
5. When the accident has been caused by force majeure not connected with
the nature of the w^ork.
6. In the cases specified in articles 32 and 33 o f this law.
A rt. 31. In order to prevent accidents, as far as possible, employers shall
post clear and distinct notices in all dangerous or prohibited places, so as to
make them generally known to the personnel and that said notices may serve
as a guide to the personnel in regulating their actions.
A rt. 32. Workers are forbidden to remove, damage, destroy, or carry away
any safety device or means of protection provided in any work place, or to
erase, destroy, carry off, hide, or damage any notice or other warning which
has been posted for the information and protection of workers, or to obstruct
in any way the use of any safety device, means of protection, notice, or warning,
or to impede or place difficulties in the use of any measure or procedure which
has been adopted for the protection of the workers in their work places, or to
fail or neglect to do everything which may be reasonably necessary to protect
the life of the worker himself, or the lives of his fellow workers; as well as to
disobey any oral instructions which have been given by their superiors for their
own protection or that of their fellow workers. In case a worker suffers an
accident because of having violated these provisions, the employer shall not be
required to pay him any compensation whatsoever, and in addition it shall be
the duty of the employer immediately to dismiss from his service any worker
whom he believes with good reason to be guilty of having willfully violated the
provisions of this article, and the worker thus dismissed shall have no right
of action against the employer, except to collect the amount owing him up to the
end of the day on which he was dismissed.
A rt. 33. When a worker is inform ed through notices or the oral instructions
o f his superiors o f the existence o f a dangerous place or department in the
work place, and does not heed such warnings, or when the worker while in a
state o f intoxication is injured in an accident, the employer shall be required
only to provide the injured worker with hospital care, medicines, and medical
TEXT OF LAWS— SINALOA
253
treatment until he has recovered, or during a period of time not exceeding six
weeks from the day of the accident, if he has not recovered by then, and in
case the injured worker dies, to defray the funeral expenses.
A rt. 34. When a worker, w ithout previously informing his employer, chief,
or overseer, leaves his work, or goes from the department or place in which he
is employed to another, and w hile there an accident occurs which causes the
death or total or partial disability of the said worker, the employer shall be
required to provide him only w ith hospital care, medicines, and medical atten
tion, except in cases where the worker has left his work and gone to a depart
ment other than his own for the purpose of rendering assistance to one or more
workers who have been disabled in an accident or of rendering aid, and suffers
an injury causing death, loss of limb, or total or partial disability, in which
case the employer is obliged to pay the compensation awarded by the board
for the accident suffered.
A r t . 35. For the purpose of avoiding and preventing industrial accidents
wherever possible, employers shall equip their machinery, works, and working
equipment with all safety devices and appliances for protection against acci
dents which science and practice advise and support. A commission of compe
tent persons appointed by the municipal council shall, whenever it deems it
necessary, inspect factories, workshops, and all kinds of works and machinery
in operation in the municipality, submitting a report of those which the com
mission knows have not complied with the provisions of this law. To enforce
compliance with the law, a 5 0 per cent increase in the compensation awarded
by the law shall be imposed in case of accidents occurring in establishments or
works whose machinery and equipment lack the safety devices required by
this law.
A bt. 36. When a worker is entitled under th is law to compensation, such
worker, on w ritten request of h is employer, must submit to a physical exam ina
tion by the medical board or by a member of the same.
A r t . 37. The request or order for the examination shall designate the hour
and place in which the said examination shall take place, giving due considera
tion to the convenience of the worker, as well as to his physical condition and
the possibility of his being able to appear at the hour and place designated.
The worker shall have the right to have his own physician present at the
examination. Should the worker, after having received the written request,
refuse to submit to, or seek to prevent, the examination, his right to receive
compensation shall be suspended. Any physician whose services have been
employed either by the employer, the worker, the municipal boards of concilia
tion, or the Central Board of Conciliation and Arbitration, and who is present
at or makes an examination, can be required to testify before the commission
with regard to the results of the said examination, but in all questions rela
tive to the nature and extent of the injury suffered and the physical and mental
condition of the worker, the decision of the commission as a whole, or of two of
its members, shall be considered as final.
A b t . 38. In determining the extent of the injury suffered as the result of an
accident, any disease with which the worker was afflicted on the day of and
prior to the accident, and the extent to which this has increased the injury,
hindered his recovery, or complicated the case in any other manner, shall be
considered. For the purpose of fixing the extent of the injury caused by the
accident, at the request of the employer or of his physicians, or at the instance
of the municipal board of conciliation or the State Central Board of Concilia
tion and Arbitration, specimens of the blood or urine of the worker shall be
submitted to a reputable pathologist for examination, giving particular atten
tion to the possibility of the worker having a chronic or blood disease. Certi
fied copies of the pathologist’s report shall be given to the board of conciliation
or the central board, and to the employer and worker upon request.
Art. 39. An employer may, at his option, subject any or all workers or em
ployees requesting employment to a medical examination, for the purpose of
determining the condition of their health and their ability to perform the work
for which they apply. This examination shall be made by the employer’s
physician or physicians and free of cost to the workers, and the certificates
given to the workers testifying as to their health shall be receivable in evidence
in case of a subsequent claim for compensation. The worker has the right, if
he so desires, to demand a copy of the said certificate.
A b t . 40. Surgeons in charge of hospitals shall be required to give to injured
workers on their discharge from the hospital, when so requested, a certificate
254
w o r k m e n ’s
c o m p e n s a t io n
l e g is l a t io n
stating the nature of the accident suffered and the condition of the patient on
entering and leaving the hospital. This certificate shall serve as the base in
fixing the compensation, but if the worker objects to the statements in the
said certificate, or there exists any ambiguity, the said worker may submit to
an examination by the medical commission, which shall issue to said worker
another certificate, giving a copy thereof to the municipal board of conciliation
and arbitration and one to the employer.
Art. 41. Employers shall be authorized to establish and maintain medical,
surgical, and hospital services for their workers and their families, for the sup
port of which they may make reasonable assessments on their workers, which
must be previously approved by the Central Board of Conciliation and Arbi
tration, and which shall not exceed the value of one day’s wages.
A rt. 42. No deficiency in medical treatment or hospital care, even when it
brings about injurious consequences to the recipients of aid of this kind, shall
be imputable as a liability of the employer, but the party claiming such injury
retains his rights at common law.
A rt. 43. In case of controversy concerning the actual average weekly wage
received by a worker, which shall serve as the base in fixing the compensation,
the employer or his legal representative, at the request of the Central Board
of Conciliation and Arbitration or of the municipal board of conciliation, as the
case may be, or of the claimant to the compensation, shall submit a statement,
in writing and under oath, showing the wages paid during the specified period
as carried on his pay rolls.
A rt. 44. When any worker has difficulties with an employer by reason of
the refusal or failure of the latter to pay the compensation due, the said wTorker
shall immediately notify the State Central Board of Conciliation and Arbitra
tion, which shall refer the claim to the prosecuting attorney of the municipality.
A r t . 45. Representatives of the State government or o f the municipality, as
the case may be, are required to take steps to procure the payment of the
compensation for the worker, without any fees whatsoever, whenever they are
requested so t o do by the worker or his representative.
A rt. 46. Compensation due in accordance with this law is not subject to
attachment nor seizure for the payment of debts of the injured person or of his
beneficiaries.
A rt. 47. All actions for enforcement of the provisions of this law shall be
outlawed at the end of three years from the date of the accident.
A rt. 48. At any time within 20 days following the notice of an award of
the Central Board of Conciliation and Arbitration, any person who considers
himself injured thereby, may petition for a new hearing, basing his petition on
one or more of the following causes:
1. That the board acted without jurisdiction, or exceeded its jurisdiction.
2. That the decision, sentence, or award was obtained through fraud, malice,
or bad faith.
3. That the petitioner has discovered new and indispensable evidence, which
be could not have discovered, with reasonable care, before the first hearing.
Art. 49. The provisions of this law are applicable to women.
A rt. 50. Paym ents made in accordance with this law shall be made in national
gold [coin], or its commercial equivalent in any other legal currency.
Transitory
This law shall be in force from the date of its publication.
SONORA
LAW NO. 52 OF OCTOBER 15, 1918
C hapter 1 .— E m p lo y e r lia b ility for compensation of injured workers
A rticle 1. The effects of this law are compulsory in the State, not only on the
employers but also on the workers, and the benefits and provisions established
by it can not be renounced. Moreover, the provisions of this law are absolute,
for which reason no lawsuits or actions arising from accidents are allowable,
except such suits and actions as are necessary to enforce payment of the com
pensation awarded in favor of the injured worker.
A rt. 2. This law does not apply to any employer who has no more than five
workers in his employ at the date of the accident, nor to domestics, nor to
persons whose occupation is of a casual nature.
A rt. 3. Disputes arising out of the enforcement of this law shall be settled
by the municipal boards of conciliation, or by the Central Board of Concilia
tion and Arbitration of the State, in accordance with the laws.
A rt. 4. For the purposes of this law, the prosecuting attorney of the State
shall act as legal counsel for the Central Board of Conciliation and Arbitration,
representing it in all cases in which the board so requests.
Art. 5. For the purposes of this law, the Central Board of Conciliation and
Arbitration and the municipal boards of conciliation have the following powers:
1. To appoint the physicians composing the medical committee, who shall
make examinations of injured workers and give opinions on occupational
diseases.
2. To grant hearings and to decide disputes within the limits of their
authority.
3. Those powers which are expressly assigned them by this law, the con
ciliation and arbitration law, and other relevant laws.
Art. 6. In case of controversy between employers and workers relative to the
nature and importance of the injury suffered or o f the occupational disease,
the employer shall have a right to subject the worker to an exam ination by a
medical committee appointed in the following m an n er:
One physician shall be appointed by the municipal board of conciliation or
by the Central Board of Conciliation and Arbitration, his fees to be paid by
the State or the municipality as the case may be, another by the employer,
the latter paying his fees, and the third by the first two, his fees to be paid by
the person who requested the examination. If the first two can not agree on
the third, the latter shall be appointed by the governor of the State. Said
physicians may be appointed for a special case or for all the cases which occur
during a fixed period in a single enterprise, as the Central Board of Concilia
tion and Arbitration may decide.
The acts and decisions of two members of the medical committee shall be
considered the acts and decisions of the said committee, provided the third
member was informed in due time of the date, hour, and place of the examina
tion or consultation. For the acts or decisions of two members of a committee
to have final legal force, the two must agree, otherwise they shall continue
the case until the commission can meet in plenary session.
The medical committee shall meet and function at the request of the
municipal board of conciliation, of the Central Board of Conciliation and
Arbitration, and of the employer or worker whenever so requested in writing.
When the committee is permanent, it shall not be required to act in the same
case more than once each three months, except when it is a question of deciding
whether or not to discontinue the treatment and compensation of any worker*
or when so ordered by the governor of the State.
Art. 7. An independent contractor who employs workers shall be considered
an employer, having the obligations and rights established by this law, and the
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2 56
l e g is l a t i o n
individual, company, or civil or mercantile society for whom he works shall
be exempt from all liability towards him and his workers.
A r t . 8 . W h e n t h e o w n e r o r d e r s w o r k d o n e t h r o u g h a c o n t r a c t o r w h o is n o t
in d e p e n d e n t b u t c a r r ie s o n th e w o r k u n d e r th e s u p e r v is io n o f th e s a id ow n er*
a l l t h e p e r s o n s e m p l o y e d i n t h e s a i d w o r k , i n c l u d i n g t h e c o n t r a c t o r , s h a ll b e
c o n s id e r e d w o r k e r s .
Art. 9. WThen the owner has work done by an independent contractor without
previously making an express agreement as to the wages of the contractor and
his workers, in case of accident the said wages shall be fixed according to the
usual wages for the same or similar work in the locality in which the work was
done.
Chapter 2. —Scope, and meaning of terms
r t . 10. For the purposes of this law, the following definitions shall govern:
1. By “ accident ” is understood any bodily injury suffered by a worker
which arises out of or in the course of the work which he performs for another
person, and which is not due to force majeure or any other cause not connected
with the nature of the work.
2. By “ employer ” is understood the individual, company, or civil or mer
cantile society which is the owner of the works, operation, or industry in
which the work is performed and which has the right to direct the workers
in the details of their work.
3. By “ worker ” is understood any person who customarily does manual
work outside of his own home for another person.
4. By “ beneficiary ” is understood the person or persons to whom, in case of
death or mental derangement, the compensation therefor is to be paid.
5. By “ children ” is understood legitimate posthumous children, stepchildren,
legally adopted children, legitimate children, children legitimated before the
accident, and those legallly recognized.
6. By “ physician ” is meant also a surgeon.
7. “ Casual occupation ” means a work which is not the ordinary occupation
of the industry, business, or occupation of the employer.
8. An “ independent contractor ” is one who does work, complying with the
wishes of his employer only so far as concerns the final result, but not in
the manner in which said work is executed.
9. By “ average weekly wages ” is understood the average amount which
the worker has earned as the result of his work, including extra time or over
time, based on the time which he actually worked during the period specified
and computed on the daily wage which he received on the date of the acci
dent, no charges or deductions being taken into consideration.
10. By “ liquid assets ” is understood the cash on hand and other property
which can readily be converted into cash, excluding the immovable property
and deducting from the total the amounts due to workers for salaries or
wages.
11. By “ hospital” is understood any hospital or infirmary which belongs to
the employer or is under his direction, or which, though of public or private
ownership, is available to him or his workers, or, in lieu thereof, any impro
vised hospital or infirmary.
12. “ Occupational disease ” is a disease which developes in the usual course
of the work and as a consequence thereof.
A
Chapter 3.— Classification of accidents and method of payment
Art. 11. The base in determining the compensation established in this law
shall be 50 per cent of the average weekly wages* and can not be more than
15 pesos nor less than 6 pesos per week. In calculating its amount, the value
in cash of food, housing, firewood, and other emoluments which can be esti
mated in cash and which the worker received as part of his remuneration,
shall be considered.
Art. 12. The average weekly wages for workers who at the time of the
accident were being paid on a monthly basis shall be obtained by dividing
the monthly wages by 30 and by multiplying the result thus obtained by 6.
Art. 13. With reference to the average wage which should be paid to the
worker during his treatment and pending the payment of his final compensa
tion, it should be understood that such payments are subject to a maximum
of 20 pesos and a minimum of 6 pesos per week.
Art. 14. Employers whose liquid assets at the time of the accident are not
more than 15,000 pesos, which fact must be proven to the satisfaction of the
TEXT OF LAWS---- SONORA
257
municipal board of conciliation or the Central Board of Conciliation and
Arbitration of the State, shall not be required to make full payment of the
compensation, but shall pay the compensation for accidents as follows:
1. When the compensation fixed in article 15 is less than 500 pesos, they
shall pay the full amount in a lump sum immediately after the favorable
adjudication of the claim.
2. If the compensation is more than 500 and less than 1,800 pesos, they shall
pay two-thirds of such compensation, but in no case shall the amount paid be
less than 500 pesos.
3. When the compensation is 1,800 pesos or over, they shall pay one-half of
the compensation, but never less than 1,000 pesos.
4. If the amount which must be paid [in a lump sum] is more than 500 and
less than 1,800 pesos, they shall pay one-half thereof, but in no case less than
500 pesos, immediately after the favorable adjudication of the claim and the
balance remaining within a year from the date of the accident.
5. If the amount [to be paid in a lump sum] is 1,800 pesos or over, they shall
pay one-fourth, but in no case less than 750 pesos, immediately after the
adjudication, and the balance due as follows: One-third in six months and the
remainder in 15 months after the date of the accident.
0. If the business fails within the periods mentioned the beneficiary shall have
a claim only upon the property of the business, the liability of the employer
being terminated.
Art. 15 (as amended by decree of June 25, 1927). With the exceptions
specified in article 2 of this law, every employer in the State, including the
State and municipal governments when they have the character of employers,
is required to give and pay to any worker (or to his beneficiaries) who suffers
an accident or an occupational disease coming within the definitions in para
graphs 1 and 12 of article 10 of this law, which arises out of or in the course
of the work which the worker performs for his present employer and which
results in death or permanent or temporary, total or partial, disability, [com
pensation], on the bases fixed in the schedule and the section following:
Schedule
Weeks
1. Accident which through the injury suffered causes death, whether
instataneous or not, subject to this law__________________________ 300
2. Permanent total disability________________________________________ 350
3. L o s s o f an a r m n e a r t h e s h o u l d e r ---------------------------------------- 200
4. Loss of an arm at the elbow----------------------------------------------------------- 175
5. Loss of an arm between the wrist and the elbow___________________ 150
6. Loss of a hand----------------------------------------------------------------------------- 140
7. Loss of a thumb and its metacarpal bone_____________ __ _________ 45
8. Loss of a thumb of the hand at the proximal joint___________________ 30
9. Loss of a thumb of the hand at the distal joint-------------------------------- 15
10. Loss of an index finger and its metacarpal bone________ ___________ 25
11. Loss of an index finger at the proximal joint----------------------------------- 15
12. Loss of an index finger at the middle joint------------------------------------ 12
13. Loss of an index finger at the distal joint----------------------------------------8
14. Loss of a middle finger at its metacarpal bone-------------------------------- 25
15. Loss of a middle finger at its proximal joint-------------------------------------- 12
16. Loss of a middle finger at its middle joint-------------------------------------8
17. Loss of a middle finger at its distal joint----------------------------------------4
18. Loss of a ring finger and its metacarpal bone-------------------------------- 15
19. Loss of a ring finger at the proximal joint------------------------------------9
20. Loss of a ring finger at the middle joint______________ ____________
6
21. Loss of a ring finger at the distal joint-------------------------------------------3
22. Loss of a little finger and its metacarpal bone--------------------------------- 10
23. Loss of a little finger at the proximal joint------------------------------------7
24. Loss of a little finger at its middle joint----------------------------------------5
25. Loss of a little finger at its distal joint-------------------------------------------3
26. Loss of a leg near the hip, precluding the use of an artificial leg______ 200
27. Loss of a leg above the knee, permitting the use of an artificial leg— 175
28. Loss of a leg
@FedFRASER