The time limit of claims for injuries arising from a workplace accident: two issues (dies a quo and burden of proof)

Abstract

The time limit of claims for injuries arising from workplace accidents has been causing numerous problems in judicial practice. Here we will address two aspects related to this issue that have been dealt with and resolved recently by the Supreme Court. The first of them refers to dies a quo for the calculation of the time limit in which the administrative ruling on the worker's accident-related disability is not subject to challenge. The second refers to the identification of the subject on whom the burden of proof of the time limit falls. In both cases, the Supreme Court has recently issued resolutions, which highlight the previous legal principles and some of the doubts that these issues raise, thus clarifying some key issues in terms of liabilities arising from workplace accidents.