Abstract

GRANDA CARDONA, Juliana  and  BERNAL ARANGO, Laura. Barriers for the Access to Work Accidents Compensations in the Colombian Work-Related Risks General System for an Informal Worker. Opin. jurid. [online]. 2020, vol.19, n.38, pp.99-114. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n38a5.

Informal workers that might have a work accident and require access to the benefits offered by the system must overcome the barriers identified during two moments. The first one is determined by the process of voluntary affiliation to the system given that the requirements are not thought from the reality of this kind of worker. The second moment presents itself when the informal worker is affiliated under the wrong figure. If an accident takes place the difficulty would reside in demonstrating the causal nexus of the harmful fact with the work activity, since the ambiguous definition of a work accident given by the 1562 Law of 2012 links the work accident with a subordinate relation. From the judicial reflection point of view is that the intention of making evident the difficulties faced by the informal workers for voluntarily affiliating comes from, as well as revealing the barriers for accessing the welfare and economic benefits in case of a work accident.

Keywords : social security; work risks system; informal affiliation; work accident; accessibility.

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