Civil liability derived from work accidents and occupational diseases: relevant aspects of its regulation and current application

Abstract

This work analyzes the civil liability situation derived from work accidents and occupational diseases in Chile, in the light of recent legislative reforms with influence in the sector, as the ones referred to the transitory work services under the regime of subcontracting, for the labor agreement of transitory services and to the new labor procedure. It also analyzes the impact that some recent decisions in the area has in our superior courts of justice which have begun to be separated from jurisprudential trends that seem to be stable, in relevant aspects, such as the force and scope of the subsidiary liability and transferability of the compensatory action caused by moral damage.