Recovery action in civil liability for work accidents. elements, validity and role of a forgotten tool

Abstract

This research analyzes the main elements of the recovery action that article 69 letter a) of Law 16,744 grants to the administrative bodies of the compulsory insurance that it establishes for the benefits that they have granted or should grant in the cases of accidents of the work derived from the guilt or intent of the employer or a third party. We note the practical disuse of the action
and the distortions that this leads to the operation of the entire Chilean model of compensation for damages derived from labor misfortunes. The validity of the action is demonstrated with two judicial cases that have accepted it and that are reviewed, and its potentiality seems evident, especially when comparing statistics of accidents that have occurred and costs associated with them.