Revista chilena de derecho privado
versión On-line ISSN 0718-8072
CORRAL TALCIANI, Hernán. OVERLAPPING ACTIONS IN CIVIL LIABILITY AND TORTS IN JOB-RELATED ACCIDENTS. RChDP [online]. 2010, n.14, pp. 69-107. ISSN 0718-8072. doi: 10.4067/S0718-80722010000100003.
Labor accidents cause damages both to the direct victim (worker directly injured), as well as to his family (repercussion victims). Those who are held responsible may be also different, the employer, or even the owner of the facilities. Chilean special legislation provides an obligatory insurance, but common liability regimes apply to the part not covered by said insurance system. Thus, there may be contractual or tort liability, or even both of them altogether. Moreover, if the worker dies in a labor accident, the heirs may file claims iure hereditatis. This means that a single event may result in a plurality of actions, in the same but also before different jurisdictions. We pretend to show and analyze the viability of these concurrences, as well as the juridical regime and procedures following each action or suit. First we seek to analyze the concurrence deriving from the so called acu-muV between contractual and non contractual liability, and secondly, the plurality of defendants. Thirdly, this paper seeks to analyze the plurality of plaintiffs, with a special reference to the transmission of non pecuniary loss (moral damages).
Palabras clave : labor accidents; damages; non pecuniary loss; action's concurrence.