Dismissal While Under ART Medical Care
Statutory guide to despido y art; official disability tables, statutory formulas, and SRT medical hearings in Buenos Aires.
Suffering from despido y art after a workplace incident?
Calculate your statutory compensation with Lead Attorney Dr. Guillermo Conti (insurer-funded fees):
Essential Legal Distinctions
- Official Disability Tables for Despido y ART: We ensure all functional limitations are captured.
- Free Legal Counsel by Law: Workers pay zero legal fees under Law 27,348.
- Direct Bank Deposit in 15 Days: Disbursed via bank transfer following approval.
1. Statutory Framework and Impairment Rating
Dismissal during active workers comp leave triggers Article 245 severance, notice pay, plus all remaining wages until medical discharge (Art. 213 LCT), while the insurer maintains full medical care.
2. SRT Medical Board Claims and Financial Recovery
Disability awards are claimed before the SRT Medical Board with free mandatory legal counsel (fees paid by the insurer under Law 27,348). Lowball offers are appealed to National Labor Courts for higher awards with independent forensic experts.
Frequently Asked Questions
How much compensation is paid for despido y art?
Computed via the statutory formula (53 × IBM × Disability % × 65/Age) plus the 20% Law 26,773 surcharge and RIPTE floors.
Do workers pay attorney fees for SRT proceedings?
Zero cost. Law 27,348 strictly requires the insurer to pay all legal fees separately.
What if I am discharged while still experiencing severe pain?
You have 20 business days to file an SRT Medical Discharge Dispute to force treatment reopening.
How quickly is settlement money transferred?
Within 15 business days following formal SRT settlement homologation.