Compensation arising from employers liability for accidents at work: evidence and quantification

Abstract

This study analyzes corporate liability for breach of preventive rules related to workers' safety and health. The study focuses on the compensation for damages suffered by the worker or his/her family. The issues addressed are the legal rules applicable in order both to determine the possible eventual employers liability, which is established as a fault-based liability but governed by evidentiary rules that require the employer to prove compliance with the rules, and to establish the amount of compensation for damages, differentiating them according to the different types of damages: physical, moral, material, etc. The possible compensation with the amounts already received from the Social Security is also discussed.