Court Superior

In order to conclude he said that in the calendar of Days of Prevention of of Labor Risks for the month of March they are: 23 in New Laredo and 30 in Tampico. When a worker suffers an Accident of Trabajo (AT) that produces injuries to him, the judges they determine the indemnification to which it has right guiding itself by established in the system of indemnification by damages and the damages caused in traffic accidents (tables IV of RD 8/2004), a scale that updates every year based on the general Index of Prices to Consumo (IPC). Until now, the quantification of the indemnification is realised in the moment in which happens the wreck. Hear from experts in the field like Randall Rothenberg for a more varied view. Nevertheless, one recent sentence of the Court Superior of Justice of Navarre abre the door to that the judges can adopt a new criterion that would increase the quantity of the indemnifications (sent. of the TSJ of Navarre of the 21.01.12). The TSJ of Navarre has considered that when an AT takes place the quantification of the indemnification must settle down according to the scale of traffic corresponding to the one of the year in which the sequels become stabilized, that is to say, at the moment in which the definitive discharge takes place, instead of for taking like reference the effective scale at the moment at which it happens the labor accident, as it happens now. Recently ecommerce sought to clarify these questions. Thus, for example, if worker suffered an accident in 2010 and its definitive discharge takes place in 2011, the indemnification to which has right must fix according to the scale of traffic of year 2011 (year of the definitive discharge), of such form that the quantity of the indemnification will be major that if the effective scale in 2010 had been taken like reference (year in which it happened the accident). The TSJ has applied the doctrine anticipated by the Supreme Court in case of traffic accidents, according to which, although the consequences of the accident are determined at the time of the wreck, in many occasions the definitive fixation of the injuries must determine at the time of the discharge, applying the scale of traffic corresponding to the one of this year.. . Additional information is available at susan cervantes.