Ediciones DER published the work “Extinctive prescription in work accidents and occupational diseases”, written by Gonzalo Sánchez Sandoval, assistant lawyer of the Constitutional Court of Chile, which addresses questions regarding when the prescription is activated in situations of occupational accidents and diseases.
“Unfortunately, as there are more accidents than expected and they are prosecuted quite a bit, the moment from which the limitation period is counted, what that limitation period is and how it is computed is a matter that there are various opinions both in the doctrine as in jurisprudence, in addition to that there are different regulations that can be applied from the point of view of the special legislation of the law on accidents at work and also how that coexists with the common law rule of article 2332 of the Civil Code ” explains Carlos Pizarro, research professor at the Diego Portales University, who participated in the presentation of the book, held on Thursday, May 23.
Chapter I analyzes, in accordance with national legislation, the employer’s civil liability status, which varies depending on the owner of the action. Then, in the second chapter, the scope of application of the rules of prescription in common and labor law is delimited, which could potentially regulate the compensation of the victim.
“The work makes a very well-founded attempt to define what is the applicable standard regarding prescription in the case of work accidents and occupational diseases; Secondly, it also determines, therefore, what would be the time or period that would govern this problem. Lastly, perhaps the most thorny, since when and how this period would be counted, given that it is normally a compensatory action and the work discusses whether a certain perception or knowledge of the victim of that damage would be necessary and only from that can it be possible. count the statute of limitations,” says Pizarro.
In chapter III, the problem of dies a quo of the extinctive prescription period of the action for liability for damages. The work ends by proposing criteria for calculating the limitation period, distinguishing particular situations derived from accidents or occupational diseases.
Data sheet
Title: Extinctive prescription in work accidents and occupational diseases
Author: Gonzalo Sánchez Sandoval
Editorial: DER Editions
Year: 2024
Pages: 172
Price: 20,000 CLP (USD 22)
The book is available to purchase at this link.
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