Court Ruling
Extends Worker's Risk Injury Coverage
Workers can now count on the Instituto
Nacional de Seguros (INS) - state insurer -
to protect them not only from risk of injury
at work, but also now from the time they to travel to
and from work,
including evenings.
A decision by the Sala
Segunda forces the state insurer and
employers to provide the extended coverage
to employees.
The court decision follows an action filed
by Victorino Orozco Orozco, a security
guard, injured on December 3, 2001, when he
left his job at Seguridad Elmo S. A, took a
taxi home and was assaulted before entering
the front door of his home.
The judges said that the employer cannot
ignore and must assume the risk of employees
who sustain injury going to and home from
work.
The decision establishes an important
jurisprudence.
Eduardo Fernández, head of the Dirección de
Seguros Solidarios del INS, said that the
state insurer believed it was not
responsible given the earlier court
decisions on the matter, adding that the INS
will abide by the new ruling.
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