Procedimiento administrativo y acceso a la justicia de los accidentes y enfermedades del trabajo. A propósito de la sanción de la Ley 27.348 Complementaria de Riesgos del Trabajo

Abstract

In Argentina, the first rules about occupational accidents and diseases reparation, were established through administrative procedures. The special judiciary procedure would appear many years later, as the biggest tool to make the workers´ rights effective, fundamentally through praetorian creations, such as the accident “in itinere” and the occupational disease, recognizing reparations where the law denied it. And so, Why is it that the administrative procedure for occupational accidents and diseases went from being the only workers´ resource, to become the greatest instrument to confine the process and the access to justice?