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.
