The occupational safety and health of workers is one of the main concerns of companies worldwide, and Costa Rica is no exception. Companies operating in this country have a legal responsibility to ensure the occupational safety and health of their workers, and must comply with the safety and occupational risk prevention standards established by the Labor Code and the Occupational Health Law

Such compliance represents a benefit for the health of the workers as they perform their duties in a caring work environment and minimizes the possibility of the company being civilly liable in the event of an accident.

¿What is considered as an occupational accident?

According to numeral 196 of the Labor Code it is “Any accident that happens to the worker as a result of the work he/she performs or as a consequence thereof, during the time he/she remains under the direction and dependence of the employer or his/her representatives, and that may cause death or loss or reduction, temporary or permanent, of the ability to work”.

In order to minimize them and provide a safe space for their workers, companies must:

• Take preventive measures to avoid occupational accidents.
• Comply with occupational health and safety laws and regulations.
• Provide a safe and healthy work environment.
• Have emergency and evacuation plans for emergency situations.

Additionally, the company must take out an occupational risk insurance policy to cover the costs of occupational accidents. It is very important to establish a scope according to the risks involved in the function being insured in order to cover the worker in all his activities.

And if, even if all the necessary precautions are taken, an accident happens on the company’s premises:

• The company is responsible for notifying the corresponding authorities and providing all the information about the affected employee, his/her functions, and the details of the accident.
• It must ensure that the worker receives compensation for damages suffered, payment of lost wages and other costs related to the accident.

It is important to emphasize that the civil liability of companies in cases of work-related accidents is not limited to permanent employees but must also ensure the safety of temporary workers and contractors working on their behalf. Also, it is not limited to work-related accidents occurring on the company’s premises, if a worker suffers an accident while performing an activity related to his work, for example, while driving a company vehicle, or his own vehicle and the accident occurs while he is on his way to his place of work the company may also be held liable.

In case your company requires more information on this subject, please do not hesitate to fill out the contact form. At ERP Lawyers we have a team of specialized lawyers in this area ready to provide you with the best assistance.