The Organic Law on Prevention, Conditions and Environment (LOPCYMAT) applies to accidents at work and occupational diseases. Ask our readers: what is the legal definition of an accident at work?
Answer: any event that causes the employee a functional or bodily harm. Means permanent or even limited-time order immediately or at a later date; It includes the fact of death. It must be a circumstance that is the effect of a particular action or occurrence.
But the Law always expected to be an event to mark the work that lends or in connection with the task performed. Therefore accidents are those that occur during the day or during the hours of work. Indeed, it is an accident at work which the worker suffers in the performance of their duties, that is, on the way to and from their workplace (office or address of the company listed as the employer). The law requires that there chronological and topography agreement in the course of the work or performance, unless another use for reasons not attributable to the worker (Heuristic the Law of Obligations) causes.
As trial accident claims lawyers in this area of labor law in Venezuela, we recognize that the issue of claims for damages for accidents at work is complex. First is to emphasize that the complaining victim must exercise their rights immediately. Different happens to have and analyze the legal concept of occupational disease. The LOPCYMAT establishes that are incurred or aggravated during work, or exposure to disease states through work. This includes action effects and mechanical physical agents, biological agents or emotional factors, they manifest an organic, functional or mental injury, temporary or even permanent imbalance. It is important to note that the LOPCYMAT regulates the legal presumption of occupational type .
As presumed occupational origin, pathological states included in the list of occupational diseases listed in the technical rules of the law under study and then are added by the Ministry. To occupational diseases progressive order, the liability of the remains patron.
Our contribution lies in informing the victim of an accident, whether transit, air, sea or operator, and accidents caused professional liability (medical, or construction or engineering), that for the payment of compensation for damages, the employer must sue within the respective legal opportunity.