Occupational accidents at fault of the employer in Colombia. Systematic review

Abstract

Introduction: Introduction: Work accidents have been studied from the perspective of result indicators, quantifying the frequency and severity of those that occurred. However, work accidents continue to be a problem, in 2019 in Colombia there were 611,275. All this leads workers to file lawsuits against employers, which end in convictions by the Supreme Court of Justice in the Labor Cassation Chamber, an aspect that has been little studied.
Objective: Explore the risks and non-compliance with legal regulations in workplace accidents where employers were declared at fault in Colombia during 2019 to 2020.
Methods: a search was carried out for judgments evidencing employer’s fault for a work accident published in the jurisprudence system of the Supreme Court of Justice.
Results: 76 sentences were selected, grouped into categories: number, year, departments, type of injury, risk class, economic activity and non-observance of legal regulations on Safety and Health at Work.
Conclusion: 97% of the judgments for non-pecuniary damage show the non-compliance by employers of the legal regulations preceding the current regulations on Safety and Health at Work. They occur in risk companies IV-V (mining, construction and installation of electrical networks).