Compensación por acto de terrorismo en el Ecuador: Una reforma a la calificación de accidentes de trabajo como una estrategia de estado

Abstract

INTRODUCTION. Ecuador has been the victim of a series of attacks with a high degree of violence over time, generating countless people injured and fatalities also include the working class. OBJECTIVE. The legal recognition of the process of qualification of occupational accidents derived from terrorist attacks, so that the victims, in this case the workers, can have access to the coverage of assistance and economic benefits of the General Insurance of Labor Risks, when the direct or indirect causal link with the incident is indeed reliably accredited. METHOD. The historical background of terrorist acts registered in the Republic of Ecuador from 1973 to 2018 were analyzed "Global Terrorism Database", which has allowed us to develop a retrospective analysis of the facts from the root cause. Likewise, a review and comparison of the legal regulations on occupational risks in Ecuador, 4 Latin American countries and Spain was carried out, identifying the similarities and differences among countries related to assistance and economic benefits for occupational accidents. RESULTS. Ecuador is a vulnerable state to suffer this type of threats, and it also shows the legal vacuum regarding the protection of the working population, by the State, after suffering a work accident related to a terrorist attack. DISCUSSION AND CONCLUSIONS. A reform of the General Insurance of Labor Risks Regulation is proposed.