To avoid a penalty for a decision of employer liability of a work accident, the employer should do more than just notify the accident.
Accidents are unexpected, and sudden incidents that, when they occur in the place of work, and affect the employee, causing the incapacity or death of such employee, brings to question the fulfilment of the work and health security standards by the employer, being the employer´s responsibility to prove the entire fulfilment of such standards.
To clarify the circumstances that caused the work accident and to avoid the employer of being accused of incurring in one of the employer´s work liability causals, the employer should assume the role of main investigator of the accident. Therefore, the employer must not only file the Work Accident Notification Form to IESS, but it must also file, within the legal terms, proof and documents that evidence a proper investigation made by the employer.
Along these lines, pursuant to article 43 of the Resolution Number C.D. 513 of IESS, the first thing to do is to file to the Ecuadorian Institute of Social Security (Instituto Ecuatoriano de Seguridad Social - IESS) the "Work Accident Notification Form" within the next 10 days following the incident. The employer must submit all the documents (supporting documents, notarial diligences, witness statements, reports from the joint committee, etc.) necessary to clarify the circumstances of the accident and relieve the employer from any liability.
In case of accidents that caused the death of an employee or that caused permanent incapacity or temporary incapacity of over a year, it is important to advise that IESS will conduct a more thorough investigation of the accident and the circumstances surrounding it, therefore, additional documents may be requested, as well as the collaboration and follow up by the employer.
Therefore, spare efforts to compile and deliver information to IESS, or not having qualified advisement, would result in a grave mistake because it would increase the risk of having an economic penalty issued against the employer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
