Frequent questions OCCUPATIONAL RISKS
1. ¿Shall the labor risks administrators (ARL for its acronym in Spanish) acknowledge the disabilities arising from an occupational accident or professional illness?
Yes, ARL shall acknowledge and pay the incapacities in favor of the worker for the 100% of the earned salary, once the employer reports such situation to the ARL
2. ¿What is an occupational accident?
Occupational accident is any sudden event overcoming as a result of or because of work and that produces in the worker an organic injury, a functional or psychiatric disturbance, a disability or death. Occupational accident is also the one produced during the execution of orders of the employer or contractor during the execution of a task under his/her authority, even outside the place and hours of work.
3. ¿Who is accountable for the attention in the event of occupational accident or professional illness?
The Occupational Risks Administrator is accountable, per its obligation of guaranteeing the health care benefits provided in the system, despite the obligation of the Health Promoting Entities to guarantee health services to the affiliated population.
4. ¿Completed the 180 days of incapacity, can the Company end the employment contract?
No. If the incapacity is completed, if the worker recovers, the employer is obliged to locate the incapacitated worker in the same position he/she held or to relocate him/her in any other, of the same category, for which he/she is qualified. The justified cause for dismissal for completing more than 180 day of incapacity was repealed by Article 26, Law361, 1997 and by Sentence C- 531 of May 10th, 2000 from the Constitutional Court.
5. ¿What are the consequences for an employer who does not report an occupational accident or a professional illness and in which amount?
He / She will be sanctioned with up to 500 legal monthly minimum salaries in force, in accordance with article 13 of Law 1562, 2012.
6. ¿Will there be greater guarantees with the Inspection and Surveillance System?
Yes. The Inspection, Surveillance and Control System is strengthened, as the Ministry of Labor creates a Special Commission of Labor Inspectors on Labor Risks.