Ministry of Social Protection Concept
349337 22/11/2010
Subject: Accident at work in committee work.
Rad. 279743. Respected sir.
Regarding the consultation on the concept of occupational accidents related to temporary disability payments when at 7:30 am headed to a client company for a visit, and by order of the company should be there at 8: a, m, but slipped on the bike because it is raining hard that day, and about the ARP, says "was not using transport company and had not started their working day which means that there is an accident, but an event of common origin must meet the EPS.
In this regard I would note the following:
1) The term accident work applied in Colombia, is the Decision 584 of 2004 of the Andean Community of Nations, which states:
"n) Industrial accident: an accident at work is any sudden event which arises due or when of work and the worker to produce an organic lesion, a functional disorder, a disability or death. It is also an accident at work that is produced during the execution of the employer, or during the execution of work under his authority, even outside the place and hours of work. The laws of each country may define what is considered regarding the accident occurring during the transfer of workers from their residence to places of work or vice versa. "
2) The accident that this work on official considers accident since the start of the implementation of activity assigned in order or which is moving from the residence of the worker at the company headquarters or where you're going to fulfill the task entrusted by order and authority of the employer and the working day starts from initiating the displacement of the committee responsible.
3) For accidents in industrial committee not interested in whether or not transportation provided by the employer, it is important that the worker is carrying out an order and executing the activities of the commission or task.
4) The industrial commission working day starts when the worker initiates the movement and leaves the house or residence in compliance with the order or work assigned.
5) Next, are the social security institutions (EPS, ARP and Fund Pension) who through the interdisciplinary team determines whether or not an accident at work where work or service commission and the dispute resolved by the Regional Board and National Disability Rating accordance with Article 52 of Act 962 of 2005 .
6) The temporary disabilities must be canceled if the occupational physician and accident awarded it work, and Occupational Risk Management Entity can not be argued and debated, until the Regional Board or the National Disability rating not determined the accident is a common source, the matter must observe the Information Circular of August 8, 2008, on temporary disability Directorate General of Occupational Hazards. This concept
issued pursuant to Article 25 of the Administrative Code.
Sincerely, ANA MARIA CABRERA VIDELA
Director General Occupational Hazards
