Justice sentenced the ART Federación Employers Insurance to pay more than $351 million to a worker who suffered a heart attack while performing tasks at a company in La Plata and was left with serious neurological consequences. The ruling, issued within the framework of a case promoted by the La Plata lawyer Matías Martínez, managed to demonstrate that the deficiencies in medical care during the emergency aggravated the consequences of the condition and were decisive for the damage suffered.
The employee, César Fernández, worked at Albano Cozzuol SA, a factory located in Ringuelet. On November 24, 2021, while working his day, he began to feel severe chest pain, dizziness, and great physical discomfort. According to the record, he tried to receive care in the plant’s infirmary, but the service was closed. He was transferred in a truck to the Argentine Sanatorium. During the journey, he suffered decompensation and cardiac arrest. As the hours passed, the condition led to significant neurological damage. Fernández suffered a quadriparesis which significantly reduced his mobility and completely changed his daily life.
The judicial battle and the precedent
The dispute in court lasted for several years. The central axis was to determine whether the ART had fulfilled its obligations in the event of an emergency that occurred in the workplace. The ruling is of particular importance because it departs from a historically restrictive trend regarding cardiovascular events.
«This ruling recognizes that it matters not only what caused the health problem, but also what happened afterward. When an emergency occurs at work, the consequences of late or insufficient care must also be repaired.»said Martínez.
Amounts and benefits
The ruling sentenced the Federación Empronal Seguros to pay compensation of $285,980,239.88 plus interest**, bringing the total amount settled to **$351,246,415.17. In addition, he ordered the payment of a monthly benefit for major disability due to the serious consequences suffered by Fernández, who requires permanent assistance.
The impact of the ruling
While heart attacks usually have difficulty being recognized as work contingencies because they are associated with personal risk factors or pre-existing diseases, in this case the Court analyzed how the conditions in which the episode occurred aggravated its consequences. Thus, based on a broad interpretation of the concept of “work occasion”the judges concluded that the lack of adequate medical care was a determining factor in the serious consequences suffered by the worker.
The ruling may serve as precedent for future claims linked to non-compliance in responding to workplace emergencies. That is to say, when faced with a person who manifests intense chest pain and reports that he or she is suffering from a heart attack, there is an elementary obligation to immediately activate the medical emergency system.
Official site of the Superintendence of Occupational Risks
Discover more from LatamNoticias
Subscribe to get the latest posts sent to your email.
