Work Accidents and ART Claims in Buenos Aires: Guide and Legal Counsel
If you suffered a workplace accident or a commuting accident ("in itinere"), or you have an occupational disease, the ART — the Aseguradora de Riesgos del Trabajo, your employer's workers' compensation insurer — must give you full medical coverage and pay you monetary compensation for the resulting permanent disability. At Conti Abogados we provide the legal representation that is mandatory before the SRT Medical Boards in Buenos Aires.
Types of Workplace Injury: What Happened to You?
- Accident at the workplace: trauma, a fall, a cut, a blow, or a burn suffered suddenly during the workday, at the establishment or at the assigned location.
- Commuting accident, or "in itinere": a traffic or pedestrian accident on your usual route between home and work (or back), with no detours for reasons unrelated to the job.
- Listed occupational disease: a physical or hearing condition caused progressively by exposure to risk agents present in your tasks (herniated discs, hearing loss, carpal tunnel, tendinitis).
- Non-work-related illness: a health condition unrelated to work, governed by Section 208 of the LCT, with paid leave borne by the employer, not by the ART.
Action Checklist After an Accident or Diagnosis
- 1. Report the incident to your employer or directly to the ART: always ask for the official claim number generated by the insurer.
- 2. Demand medical care and transport: the ART must provide medical assistance, surgery, physiotherapy, and medication at no cost to you.
- 3. Keep copies of every medical study: MRIs, X-rays, surgical reports, and proof of each appointment with the providers.
- 4. If you are discharged and still have pain or after-effects, do not sign your agreement: there is a strict deadline to challenge the discharge through the medical-discharge dispute procedure.
- 5. Attend the Medical Board with your own specialist lawyer: the physical and psychological disability percentage assessed there sets the exact amount you will collect.
Did the ART discharge you or summon you to the Medical Board?
We accompany workers to the SRT's official medical hearings so that your after-effects are not rated below what they are:
ART Advice via WhatsApp (+54 11 2604-4758)1. The Mandatory Procedure Before the SRT Medical Boards
Since Law 27,348 was enacted, the Autonomous City of Buenos Aires has joined the regime that makes the Jurisdictional Medical Boards of the Superintendency of Occupational Risks (SRT) a prior, mandatory, and exclusive stage.
Two key hearings take place at this stage:
- Medical examination hearing: an official SRT physician assesses your restrictions on movement, scars, surgeries, and psychological harm under the Occupational Disability Assessment Schedule (Decree 659/96).
- Settlement and payment hearing: the medical opinion with the final disability percentage is served, and the Approval Service presents the calculation of the monetary compensation.
2. Formula for Calculating ART Compensation
The cash benefit for Permanent Partial Disability is settled under the statutory formula set by Section 14 of Law 24,557:
Statutory ART Compensation Formula
Compensation = 53 × Monthly Base Income (IBM) × % of Disability × (65 / Age at the Accident)
To that amount an additional 20% for moral harm and general compensation is added (Section 3, Law 26,773) when the accident happened at work, with statutory floors updated every six months by the RIPTE index.
Serious Mistakes When Dealing With the ART
- Do not accept a medical discharge by phone or without an in-person examination: if pain persists and prevents you from resuming normal duties, the discharge must be formally challenged.
- Do not attend the Medical Board without your own legal counsel: the law requires legal representation. Without a lawyer you trust, you cannot check whether the disability schedule applied covers all of your functional limitations.
- Do not give up on psychological after-effects: every serious trauma or accident produces emotional harm (post-traumatic stress) that has to be weighed and paid as an additional percentage.
Case Law: The Civil Route and the Supreme Court's "Aquino" Doctrine
The scheduled system of the Occupational Risks Act caps compensation within closed tables. However, in the landmark ruling "Aquino, Isacio v. Cargo Servicios Industriales S.A." (2004), the Supreme Court of Argentina declared Section 39.1 of the Act unconstitutional.
This means that if the accident was caused by the absence of safety measures, defective machinery, missing personal protective equipment (PPE), or excessive working hours, you can bring a civil action against the company for full compensation of consequential loss, loss of earnings, and moral harm.
Frequently Asked Questions About Work Accidents and the ART
What does the workers' compensation insurer (ART) cover?
It covers full medical care, surgery, pharmacy, prosthetics, physiotherapy, and transport at no charge, payment of your full wage during recovery, and monetary compensation if permanent after-effects remain.
What is a commuting or "in itinere" accident?
It is an accident suffered on the direct, uninterrupted route between the worker's home and the workplace, or the other way around, and it enjoys exactly the same medical and compensation protection as an accident on the premises.
What should I do if the ART discharges me prematurely and I am still in pain?
You must immediately start a medical-discharge dispute before the SRT Medical Board, with legal representation, so that the reopening of your medical treatment is ordered.
Is a lawyer mandatory to attend the SRT Medical Board?
Yes. Law 27,348 requires the worker to appear with the assistance of an admitted lawyer, to guarantee that the degree of after-effects is correctly assessed.
How is ART disability compensation calculated?
You multiply 53 times the Monthly Base Income by the physical and psychological disability percentage set under the schedule, multiplied by the age coefficient (65/age), plus an additional 20% for moral harm if it happened at work.
Can I sue my employer in civil court over a work accident?
Yes. Under the constitutional doctrine laid down by the Supreme Court in "Aquino", if there was employer fault or an absence of safety measures, you can bring a court action for full compensation of the harm.
Case Law and Concepts in Occupational Risk
- Supreme Court Ruling "Aquino v. Cargo Servicios" The doctrine that opens the civil route to full compensation for workplace harm.
- Glossary: Non-Work-Related Illness (Section 208 LCT) Differences between work accidents covered by the ART and non-work-related sick leave.
- Pre-Trial Labor Conciliation in Buenos Aires The SECLO procedure for related claims over wage differences or dismissal after discharge.