Despite the decrease in work accidents, trials grew 200% in 5 years and set a record in 2025

Argentina has higher coverage levels compared to countries such as Chile and Spain and similar accident rates, but a much higher litigation: 23 times more trials than in the first and 16 times more than in the second.

For every 10,000 workers, 8.5 lawsuits are filed in Spain and 5.8% in Chile, while in the country the figure rises to 132.8 lawsuits. That is, between 1500 and 2000% more than its neighboring countries.

“What should be exceptional became structural. Due to the enormous number of labor lawsuits due to work risks, another number of labor lawsuits are added for other reasons such as dismissalssalary differences and other issues of individual rights,” they said from the UART.

The stock of labor lawsuits due to Occupational Risks reached 317,848 cases in September, even after the ART managed to close some 70,000 lawsuits.

The usual seasonality was also broken: More trials were filed in December than in November, something that had not happened for almost a decade, prior to the reform approved in 2017.

According to the ART, the problem is in the breach of law 27,348 who created the Forensic Medical Corps, which enables uncontrolled expertise that inflate disabilities and increase the number of causes.

What about the costs? 45% of the cost of a trial remains with intermediaries, such as lawyers and experts. That is, for every $1 million that the ART pays for lawsuits, $450,000 is distributed among lawyers, experts and other members of the system. For example, expert witness fees are set as a percentage of the judgment amount, which tends to inflate disability evaluations.

In this way, what is seen is that this judicial pressure puts at risk the sustainability of a system that, in prevention, shows clear improvements, but that exposes the exploitation that is often done, with lawsuits that are largely avoidable.

The sector maintains that correcting these distortions is key to sustaining a system that provides protection to both workers and companies, and that today is overwhelmed by a judicial system that does not reflect the reality of prevention or coverage of work accidents, nor does it adjust to international standards.