Publicación:

Alcance de la reparación integral al trabajador por accidente o enfermedad laboral atribuible a culpa del empleador, a partir de la Ley 1562 de 2012

Resumen

This monograph, with a legal approach, presents the analysis of the jurisprudence of the Supreme Court of Justice (hereinafter CSJ), Determining the factors that took into account when repairing the damages caused by the Employer's Fault. A qualitative methodology was employed under exploratory and descriptive DESIGN. It was observed that the Colombian State has given the necessary means to the worker, so that it can claim or safeguard its rights of public order, with greater strength since the validity of the political charter of 1991. Likewise, it was confirmed that the Colombian normative and judicial systems have sought to cover all the material, moral and social aspects that the worker can see affected by an accident or occupation alillness derived from the fault of the Worker. finally, It was observed that CSJ has, at times, been cut short when it comes to decreeing the repair of extrapatrimonial damages to workers and relatives of those affected who claim compensation in the face of the Employer's negligence. That is to say, there has been insufficient protection in repairing the various moral aspects that such damages could cause to the affected or his family circle.