La incidencia y relevancia del análisis causal del accidente de trabajo como medio de prueba en la jurisprudencia laboral colombiana

Abstract

Occupational accidents in the continuity of time have been increasing, so it has become important to resort to the analysis of various jurisprudence, as a source to determine labor disputes between workers and workers. Taking into account the pronouncement on the incidents and relevance as a means of proof of the facts that have given as a basis for guilt either on the part of the employer or worker. As a main objective, the inefficiency that has given rise to the materialization of occupational diseases or occupational accidents or demonstrating the simple discovery in not finding the implementation of industrial prevention programs was analyzed, as one of the alternatives to reduce the rate of occupational accidents. Regarding the analyzes found in the jurisprudence of SL 5619 of 2016, the Supreme Court of Justice seeks to find the test and mechanism that have been implemented by the worker or by Industrial Safety, to avoid accidents and of which many Labor conflicts have reached the judicial offices. Based on the Sentence SL 5619 of 2016, where the worker CATALINO MARTINEZ VERGARA files a lawsuit against the company CONSTRUCCIONES E INVERSIONES BETA LIMITADA – CONCINBE LTDA, on its content in the facts, and with the provisions of article 216 of the CST, and consecrating that in order to declare the existence of the employer's fault of the worker in the occurrences of an accident at work, it must be sufficiently proven, for which the payment of the respective total and ordinary compensation for damages is warranted. To which an event originated that although they were not mandated by the employee, but due to the duties of solidarity that the law imposes on the worker, a highly complex accident occurred within the company, because the accidents were not prevented in advance. the risks that can be caused, by allowing work to be carried out that does not have security measures, thus demonstrating the lack of protection towards workers.