Examinando por Materia "Prestaciones"

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    La acumulación de la indemnización a cargo del responsable con las prestaciones de las aseguradoras de riesgos laborales : un análisis crítico
    (Universidad EAFIT, 2021) Urquijo Maya, Simón; Herrera Malo, Nicolás Enrique; Baena Aramburo, Felisa
    Once an employee suffers a harm, two compensation obligations may arise: 1) the obligation from the employer or from a third party to compensate the employee, and 2) the victim's right to claim compensation from the occupational risk insurer. This situation has led practicing attorneys, as well as academics and judges, to wonder whether our legal system allows for the employee to claim both payments. In this text we analyze the approaches that the judges and academics have taken in this regard, to identify criteria that allow to find the answer to that question, both for the case in which the employer is responsible and for the case where the person responsible is a third party. These two scenarios have their particularities and therefore need differentiated analyses. We will analyze, for each case, criteria such as the existence or non-existence of special surrogacy rules in favor of the ARL, and the cause and nature of the amounts paid.