Labor Law Violations Lead to More Workplace Lawsuits
- CÓRDOBA.- The cost of labor lawsuits is equivalent to 1.2% of the payroll, an index that is almost half the average rate of the Workers' Risk Insurance (ART)...
- In fact, the Union of Workers' Risk Insurers (UART) reported 122,875 lawsuits filed between January and November 2025, and estimated that that year closed with 132,000 cases, above...
- Why are lawsuits growing if there are fewer accidents?
CÓRDOBA.- The cost of labor lawsuits is equivalent to 1.2% of the payroll, an index that is almost half the average rate of the Workers’ Risk Insurance (ART) system, at 2.5%, which is going through a very complex situation. the paradox is that lawsuits are growing while the number of accidents decreases. While a labor reform is debated in congress, the work risk scheme is at a crossroads of “very high, growing and uncertain” costs, which damage competitiveness and discourage job creation, according to a report by the Ieral of the Fundación Mediterránea.
In fact, the Union of Workers’ Risk Insurers (UART) reported 122,875 lawsuits filed between January and November 2025, and estimated that that year closed with 132,000 cases, above the record of 2017. The calculated cost is $2.3 trillion.
Why are lawsuits growing if there are fewer accidents? According to Ieral economists, the reason is that in the medical expert opinions carried out in provincial labor courts, the rules provided for quantifying disability are not applied. This irregularity, in a context in which litigation is free for the worker, generates very strong incentives to go to court, according to their interpretation.
Law 27,348, which complements the work risk regime, was enacted in 2017 and was instantly applicable in CABA, as its labor justice is in the federal sphere. Over time, 16 provinces have adhered (Córdoba, Mendoza and Río Negro in 2017; Buenos Aires, Corrientes, Tierra del Fuego, San Juan, Entre Ríos, Formosa, Misiones, Salta and chaco in 2018; Santa Fe in 2020; Neuquén in 2022 and in 2024, San Luis and Chubut).
Thus, its application is partial in the country, even though in terms of employers and workers the adhering provinces represent approximately 90% of the national totals.
The key, analysts warn, i
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