Compensación por acto de agresión, sabotaje, terrorismo, casos fortuitos o causados por fuerza mayor en el Ecuador: Una reforma a la calificación de accidentes de trabajo como una estrategia de estado.

Abstract

This study proposes a reform to the process of qualifying workplace accidents arising from acts of aggression, sabotage, terrorism, fortuitous cases or caused by force majeure using a case-by-case analysis to allow the worker to access the coverage of general Occupational Risk Insurance, where the link of direct or indirect causality to the claim is proven. It compares the regulations of Paraguay, Chile, Brazil, Colombia and Spain against the Ecuadorian, showing that the welfare and economic benefits are guaranteed. On the other hand, whether the worker is the victim of acts of terrorism, the qualification as an accident at work will depend on the guidelines of each country. In reference to the above, Ecuador has been the victim of terrorist acts from 1978 to the present day, recording a total of 38 injured and 4 dead. A common definition of a work accident is determined in the discussion. By revising the regulations of South America, Ecuador and Spain, the same conclusion can be reached, defining as an accident at work "any sudden event", therefore, it becomes the main basis for making this reform proposal in Ecuador. By amending Article 13 paragraph e) of Resolution C.D. 513, where he expresses... "It is not considered a Work Accident: When it is in the case of fortuitous or force majeure to work, it is understood as such that it has no relation to the exercise of the work activity." As well as the investigation process into fortuitous cases, the worker will be entitled to compensation. The proposal applies a cause analysis methodology by asking the question Why did the accident happen? (force majeure or fortuitous case) and, through the background, determine the causes that have produced it, ensuring an equitable qualification in order to the welfare of the worker.