Wednesday, April 16, 2008

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ACCIDENTS AND OCCUPATIONAL DISEASES

In general all companies one way or another core activities are carried out to prevent accidents. At least it has some knowledge of how to move materials, care in the use of different areas of work, it knows the importance of housekeeping in the workplace, is careful not to cause fires, caution with electricity, Some are lectures or advice of supervision, some even work process or delivery of catalog, however, remember that there are other companies that make no management control and prevention of accidents.

Experience teaches us that although accidents occur, we treat to avoid, Typically, the risk prevention measures are long-term positive effects. Thus, even with the best plan for prevention or control of operational risks, we will see some accidents involving workers and equipment or the environment.

First we must consider:

What is meant by or Work Accident?

accident means all work injury suffered by a worker or at the time because of work, and to cause disability or death, therefore the elements of the accident are:

a) Injury.

is damage or loss caused for any wound or injury, an illness or condition, etc.. For the purpose of industrial accident is not interested in the extent or depth of the damage, but only its existence, which can refer both to the physical body of the worker as to his intellectual or sensory, or mental health, etc.

b) causal or casual relationship between the worker and the injury.

The terms "cause" and "work time", can be considered to constitute employment injury not only injury suffered by a worker during the workday and in the workplace, but also suffered before, during suspension or after that day, which occurred inside or outside the workplace, because the term "occasion" requires only that between the work injury and there is a definite coincidence relationship.

Consequently, it is required to classify an accident as this work is the relationship between work performed and the lesion produced.

should that classification if the employment relationship - injury. assumes a direct or immediate (term "because"), or indirect or mediate (term "occasion").

c) The disability or death of the victim.

What are commuting accidents?

accidents are occurring in the direct path of going or returning from the room and the workplace. The direct path expression implies that the travel is rational and not interrupted.

not fall within the direct route which runs on a regular worker to or from work or home, but requires you to deviate from the route for example when you leave or pick up daily to a child in school.

To be classified as an accident occurred in the course must occur within the physical limits of travel, entrance to the room and entry to the work site, in a way that from the moment in which the employee is at the entrance of the company or in your room has been terminated direct route. Therefore, those claims occurred within the room are common and domestic accidents and accidents occurring within the workplace are accidents.

If the company operates in a building, from the time the worker enters the entrance to it has put an end to the direct route, therefore, the events occurring in the scales are accidents during work, even when the person concerned has not registered their attendance. Also if the employee enters your home, put an end to the direct route, therefore, suffer accidents in become household domestic accidents.

How do you test commuting accidents?

When a worker suffers an accident on the way, as a preference should have witnesses or allow police to test part in this accident, but if they do not have means and wants to prove that the accident happened on the direct way that it was his room and workplace, or vice versa, his single statement may be a sufficient means if it is duly substantiated by day-time, time, place and mechanism of injury, it will emit events that could prove what happened, since the situations involving the granting of benefits social security and the relevance to the worker must be weighted with flexibility.

What is insurance against occupational accidents and diseases?

compulsory insurance is paid by the employer to cover contingencies arising from accidents suffered by a person on grounds or during work. It also covers a disease directly caused by the exercise of the profession or work, and to produce disability or death.

Insurance covers commuting accidents (which are produced in the direct path between the house-room and the workplace or vice versa) and involving leaders union in carrying out their union duties.

Who pays the insurance contributions of accidents and occupational diseases?

Currently, the only contributions that are paid by the employer are those intended to finance the insurance on Occupational Accidents and Diseases (Law 16,744 of 1968)

contributions are as follows: General Basic

Quote:

Del 0.95% of taxable wages paid by the employer every month. This contribution rate applies from the date of the remuneration paid in September 1998 to the remuneration to be paid in August 2008. No employer can be exempt from this payment, as it is MANDATORY. Additional Quote

Differentiated:

The percentage applied in consideration of the activity (money) and risk of the company shall not exceed 3.4% of taxable remuneration. Thus, higher risk, higher rate, and lower risk, lower rate. A higher rate of accident rate is increased and vice versa.

The contribution rate is ranging from 1.70% to 3.4% and are determined and published in a Classifier of Economic Activities prepared by the Department of Labor and the Internal Revenue Service and the INP, as recognized parameter internationally.

What are the requirements to obtain insurance?

worker Being a private company or public institution affiliated to any organization's insurance administrator Law 16.744 (INP or Employers Mutual) and have suffered an accident at work, commuting or disease, disable it temporarily or total for the job.

Since when operating the insurance?

only operates insurance accident occurs or is made the diagnosis of the disease, regardless of whether the employer is current in payment of contributions.

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