Legal and Jurisprudential Analysis, Regarding Disabilities of Non-work Origin that Exceed 540 Days in Colombia

Abstract

The objective of this scientific article was to analyze the regulations regarding disabilities derived from common origin that exceed 540 days in Colombia, the foregoing in the understanding that prior to the enactment of Law 1753 of 2015, there was a legal limbo in Colombia. Regarding the payment of these benefits, it is a common practice to force the worker to work regardless of his state of health, this in evident deterioration of his right to health and to work in decent and fair conditions. However, the rule in question established that the EPS are in charge of assuming said burden, a postulate that was later developed by the jurisprudence, with constant pronouncements of the Courts defending this faculty of the workers. Therefore, invoking a legal methodology of a descriptive type and with a qualitative approach based on documentary review, this document will demonstrate the importance of said reform with a view to empowering the interests of the working class, which is necessary to prevent the deterioration worker's economic situation linked to his deteriorating health.