WORKPLACE ACCIDENTS IN BOLIVIA: WORKER RIGHTS AND EMPLOYER LIABILITY

Workplace accidents are a reality in every labor sector and can result in serious consequences for the employee as well as legal responsibilities for the employer. In Bolivia, labor regulations establish the rights of injured workers and the obligations employers must fulfill to ensure the safety and protection of their staff. Understanding these rules is essential for both parties to comply with the law and avoid penalties.

WHAT IS A WORKPLACE ACCIDENT?

A workplace accident is any physical injury or functional impairment—temporary or permanent—that a worker suffers while performing their duties. It includes any harm caused by a force directly related to the work activity.

To be classified as a workplace accident, the event must meet the following criteria:

• Occur at the worksite during the performance of assigned duties
• Result directly from the activity performed by the worker
• Be causally linked to the working conditions

Workplace accidents can range from minor injuries to permanent disability or even death.

TYPES OF WORKPLACE ACCIDENTS

Under Bolivian law, workplace accidents are classified into several categories, the most common being:

1. ON-SITE ACCIDENT

These occur within the physical workspace where the employee performs their job—such as an office, factory, mine, construction site, or other facility.

2. “IN ITINERE” ACCIDENT

This refers to an accident that happens while the worker is traveling between home and the workplace. To be recognized as work-related, the route must be reasonable and without unjustified detours.

RIGHTS OF INJURED WORKERS

When a worker suffers a workplace accident, Bolivian law guarantees several rights, including:

• Comprehensive medical care, including consultations, hospitalization, surgery, and dental care if necessary
• Access to all necessary medications and treatments
• Provision of prosthetics and orthotics if required
• Rehabilitation and professional retraining if the injury affects work capacity
• Health benefits coverage for up to 52 weeks, unless permanent disability is diagnosed

EMPLOYER OBLIGATIONS

Employers have legal responsibilities in the event of a workplace accident, including:

1. Reporting the accident to the Health Insurance Fund (Caja de Salud) within 24 hours
2. Covering initial medical expenses until the Health Fund takes over care
3. Providing first aid at the workplace and maintaining an emergency kit
4. Keeping a workplace accident registry and submitting quarterly reports to the Ministry of Labor
5. Notifying the Ministry of Labor within 24 hours of the incident, with failure to do so resulting in financial penalties

COMPENSATION AND NON-COMPENSABLE CASES

Employers are obligated to compensate injured workers regardless of fault. However, compensation may not apply in certain cases:

• If the worker intentionally caused the accident
• When the accident was caused by an external force unrelated to work
• If the worker was performing tasks outside their job description
• When the incident occurred at the worker’s private residence
• If the worker was under the influence of alcohol or illegal substances

EMPLOYER CONSEQUENCES FOR NON-COMPLIANCE

Failure to fulfill legal obligations may lead to:

1. Economic penalties for not reporting the accident on time
2. Administrative sanctions for not keeping accident records
3. Civil and criminal liability if employer negligence contributed to the accident

CONCLUSION