The industry brings with it physical risks when possible psychological damage comes into play. including not only the one who had an accident, but also his companions. “Every company should have a protocol“, they pointed out from the Union of Private Oilers of Neuquen, Rio Negro and La Pampa. If you witnessed the event, but did not receive a response from the company, find out what you can do here.
If an employee witnesses a serious accident at work, where amputations, hospitalizations or even death are observed, “protected by law and in accordance with section 20 of Law No. 24,557 on occupational hazards“explained Ángel Frosini, specialist in work accidents and occupational diseases and head of research at Arguello & Frosini, in a dialogue with Energía On.
This means that “they should receive in-kind benefits from ART, which include medical, psychological and pharmaceutical assistance followed by rehabilitation treatment and labor retraining in case of merit,” he commented.
For this reason, “if an employee suffers from a mental disorder caused by a serious accident at work with himself or with a colleague must file an appropriate complaint with ART and/or a self-insured employer,” he added.
These parties are required to provide psychological and monetary benefits established by the Law on Occupational Risks. In case of refusal, insufficiency or rejection, the employee must initiate a claim with his lawyer in the administrative (STO) or judicial channels, depending on the circumstances,” explained Frosini.
The referee explained that Although there are rules that protect the worker, “The current system is imperfect and does not provide an adequate response, both in terms of prevention and compensation for damages resulting from accidents at work and occupational diseases. The reason is that operators are commercial companies that prioritize economic benefits over investment in prevention.
“Labor justice was able to compensate inequality that arises between the worker and large companies and made decisions at the local level that recognize the rights of affected workers,” he said. There, ART and/or employers are instructed to respond either with appropriate benefits or, if necessary, with the payment of compensation due.
In 2013, the Medical Benefits Protocol for Psychiatry was launched under the Office of Occupational Risk. However, any type of mental change in the protocol is related to the response to the traumatic incident situation specific and unrelated to other work situations.