Employer civil (tort) liability for damages derived from work accidents and occupational diseases

Abstract

Attribution of civil (tort) liability to the employer for damages derived from work accidents and occupational liabilities of his employees is a due indemnification for the allocation of efforts to the business activity (a real labour cost), transferred to national social security systems and financed, basically, by the employers in the interest of the economic, scientist and technic development of the society, as a whole. Its scope has steadily grown with the technical development and the economic and financial globalization and those social protection public systems have been «de-professionalised» and «assistencialised» with a serious general deterioration and the emergence of a new social class: the «free riders» and «adventagers». Due to the above, its explanation pursuant to its current configuration is urgent in order to its juridical re-configuration in the interest of the development and social and economic progress overcoming the existing situation. This paper is dedicated to such.