Civil liability for accidents at work

An accident at work is an event, sudden or gradual, which causes moral and patrimonial damages to the worker's health, resulting from the very exercise of professional activity. The liability for these accidents has evolved from the pursuit of guilt to its disregard and direction by the risk. The unbalance caused by accidents at work made the State itself guarantee the payment of a benefit of food nature to the mutilated workers, through social security. However, due to the insufficiency of such payment by the State entity, the employee resorts to the postulates of civil law to fully complement his compensation for the losses suffered. In parallel to the responsibility of the State, the employer has the duty to guarantee this indemnity by means of private insurance, in determination to the constitutional precept of Article 7, item XXVIII, which confers the right to urban and rural workers of an insurance against labor accidents, at the employer's expense, whose demonstration will be the object of this book.