Workplace Accidents: Employer Obligations and Worker Rights

Law 1562 of 2012 and Decree 1072 of 2015 regulate the Occupational Health and Safety Management System (SG-SST) in Colombia. Every employer is obligated to implement this system to prevent workplace accidents and occupational diseases.

What Constitutes a Workplace Accident

According to Article 3 of Law 1562 of 2012, a workplace accident is any sudden event that occurs because of or on the occasion of work, producing organic injury, functional or psychiatric disturbance, disability, or death in the worker. Events occurring while executing employer orders, even outside the workplace or work hours, are also considered workplace accidents.

Immediate Employer Obligations

1. Provide first aid: Guarantee immediate medical attention for the injured worker.
2. Report the accident to the ARL: Within 2 business days following the event, using the FURAT form.
3. Investigate the accident: Form an investigation team to determine causes and establish corrective and preventive measures within 15 calendar days.
4. Implement corrective measures: Based on the investigation, adopt actions to prevent recurrence.
5. Guarantee relocation or readaptation: If the worker suffers lasting effects, the employer must offer a position suited to their new condition.

Rights of the Injured Worker

Healthcare Benefits

Comprehensive medical care, hospitalization, rehabilitation, medications, orthoses, prostheses, and everything necessary for the worker’s recovery, at no cost to the worker.

Economic Benefits

• Temporary disability: 100% of the base liquidation salary during the disability period.
• Permanent partial disability: Compensation between 2 and 24 base liquidation salaries, depending on the percentage of labor capacity loss (between 5% and 49.99%).
• Disability pension: If labor capacity loss is 50% or greater, the worker is entitled to a disability pension.
• Survivors pension: In case of the worker’s death, beneficiaries are entitled to a survivors pension.

Enhanced Job Stability

A worker who suffers a workplace accident and is left with limitations enjoys enhanced job stability. The employer cannot dismiss the worker without prior authorization from the Ministry of Labor; otherwise, the dismissal may be declared ineffective, and reinstatement with back pay may be ordered.

Employer Fault

If the accident occurred due to proven employer fault (negligence, failure to comply with safety regulations, lack of training), the worker may sue for full compensation of damages including actual damages, lost profits, and moral damages. This compensation is in addition to ARL benefits.

Recommendation

Both employers and workers must know their rights and obligations regarding workplace accidents. Improper handling can generate significant financial consequences. Consult with a lawyer specialized in social security and labor law.