They will contest Covid as an occupational hazard

Note published in Reforma, Negocios [Business] Section by Verónica Gascón.
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Note published in El Norte, Negocios [Business] Section by Verónica Gascón
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Note published in Mural, Negocios [Business] Section by Verónica Gascón.
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Companies could resort to amparo proceedings to oppose the possibility of Covid being considered as an occupational hazard because it is difficult to determine the place in which contagion took place, warned labor lawyers.

The Resolution reached by the Technical Council of the IMSS [Mexican Social Security Institute] was published on January 8 of this year; this resolution determines that said condition may be considered as a hazard and, in consequence, the premiums that employers pay the institute would increase.

“It would be unfair if it is classified as an occupational hazard, because this would force the employer to cover disabilities due to sickness, without evidence that this disease was contracted at its work center and, therefore, there would be numerous nonconformities in regard to this regulation”, said Héctor de la Cruz, a lawyer at the De la Vega & Martínez Rojas Firm.

He anticipates that it is certain that companies will resort to amparo proceedings to prevent this regulation from being applied to them.

“Yes, this is a certainty, practically a fact, because it would not be fair that if an employee is affected by Covid, this is attributed to the work environment”, he pointed out.

Under this criterion, the hazard premium paid to the IMSS by employers would be affected.

“The consequence it could have is the impact on the degree of sinistrality of the companies upon qualification of Covid cases as an occupational disease and increasing the payment of social burden, in consequence,” said Jorge Sales, labor lawyer at the Sales Boyoli Firm.

This also implies that, in case of disability due to sickness, 100 percent of the base contribution salary with which the worker is registered in the IMSS must be paid.

And in the event that there are any sequels due to the disease, the worker would also be entitled to receive compensation.