The system of Labor Risk Insurance (Art) It faces a growing pressure for the sustained increase in judicial demands. According to data from the Union of Labor Risk Insurance (UART)during the first 2025 quarter they began 25,621 new judgments for occupational accidents, which projects a total annual greater than 132,000 litigation.
If this trend was maintained, a new historical record would be reached, exceeding even 130,700 cases registered in 2017.
According to UART, Only in March 11,546 demands were notified. In the last 12 months, the monthly average of judgments exceeded 10,000, which consolidates an ascending curve that contrasts with the decrease in labor accident rates.
Labor litigation increases and pressure on the labor risk system grows
“The sustained increase in litigation, contrary to a systematic decrease in the amount of accidents, has a direct impact on the entire Argentine productive structure. It affects employability, increases production costs and, therefore, the competitiveness of the private sector,” they explained from UART.
The art system, in force since 1996, provides around 14 million care benefits per year and covers more than 10 million workers. Since its creation, it is estimated that it has contributed to saving more than 19,000 lives, in part thanks to the reduction in accidents of accidents and labor deaths.
However, the exponential growth of litigation and an indemnity update scheme that, according to the sector, does not conform to current regulations, have generated alert signals.
In 2017, the increase in demands led to a reform of the Labor Risk System Law. The modification established more precise parameters for compensation and led to the creation of forensic medical bodies in the provinces to intervene in the litigation. However, from UART they warn that the implementation of these mechanisms was not homogeneous in all jurisdictions.
In geographical terms, lto province of Buenos Aires concentrates the 40% of the judgments, followed by the Autonomous City of Buenos Aires (CABA) with the 19%. Further back, Santa Fe, Mendoza and Córdoba are located, according to the survey of the entity.
Bettiol: “Litigiosity does not reflect the daily functioning of the system”
Mara Bettiol, president of the UART, said that the system is going through a critical moment that does not respond to an operational failure in occupational risk coverage. “It could be at risk due to the growth of judgments that have nothing to do with the functioning of the system in the day to day.”
He added: “Since the system was created, deaths in the workplace fell by 81% and accidents also fell. The benefits are in tune with what happens in countries such as Spain and Chile, then, from the point of view of the accidents, you are in tune with other countries, in coverage too, but The litigation index is 15 or 20 times more“He said.
And he pointed out that, although the 2017 reform was adopted by 18 provinces, difficulties persist for its effective application in the judicial field. “That is because an important reform was made in 2017 to which 18 provinces adhered, but It is missing that the judicial powers of each comply with the regulations. That is, the bodies of experts are created in the judicial field. “
In addition, he argued that the mismatch in the expert functioning at the provincial level is in the center of the problem. “The system is in crisis and is very necessary for companies and the worker. A system is permanently defined because 132,000 judgments are very difficult to handle. Within the framework of the need to grow, this system is a pillar and does not need a reform, but the provincial courts start it, “he concluded.
