SciELO - Scientific Electronic Library Online

 
vol.39 issue1INCENTIVES FOR THE CONSERVATION AND LIABILITY RULES: THE LIABILITY OF THE BUILDING’S OWNER FOR THE DAMAGES CAUSED BY ITS COLLAPSETHE OUTSOURCING SAFETY LABOR OBLIGATION: DAMAGE PREDICTABILITY AND DAMAGE DONE author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Revista chilena de derecho

On-line version ISSN 0718-3437

Abstract

SIERRA HERRERO, Alfredo  and  NASSER OLEA, Marcelo. LIABILITY OF THE EMPLOYER IN EMPLOYEES' PROFESSIONAL DISEASES: COURT CASES. Rev. chil. derecho [online]. 2012, vol.39, n.1, pp. 57-76. ISSN 0718-3437.  http://dx.doi.org/10.4067/S0718-34372012000100004.

This paper describes the nature of professional diseases, their legal definition and the interpretations given by the courts in several cases. The study addressed causation, the negligence of the employer and the following liability beyond the application of the legal insurance, and describes some circumstances in which the employer cannot be blamed, such as the exclusive negligence of the victim, morbidity, time bar, and those situations in which the worker entered into the disease before is actual work, as an independent worker or being working to a former employer.

Keywords : Professional diseases; Legal interpretation; Jurisprudence and case materials; Legal Insurance.

        · abstract in Spanish     · text in Spanish     · pdf in Spanish