Bolivia establishes the compulsory insurance of accidents of the worker and the worker in the field of construction

March 29, 2019

Law No. 1155, enacted in date 12 march 2019, sets out the Mandatory Insurance of Accidents of the Worker and the Worker in the Field of Construction; it forces any person to pay, run, or perform a work in a direct way in the whole construction of the works to acquire annually, this safe is sure to be contended for, profit, uniform, irreversible, effective annual, and direct action against the insurer.
The policy of this insurance will be recorded in the Authority and Control of Pensions and Insurance – APS, to which they must adhere to the Public Entity Insurance and other Insurance Entities that market such insurance. This policy will cover the medical expenses and the compensation for death and/or permanent total disability, to all hard working and worked in the Construction Field, which suffers an accident to pay, perform, or to perform a job in a direct way in the whole construction of work.

The sum insured for medical expenses will be up to the sum of Bs. 7,000.00.- (SEVEN THOUSAND and 00/100 BOLIVIANOS) per person per accident; and to the contingencies of death and/or permanent total disability, the insured will be Bs. 70,000.00.- (SEVENTY THOUSAND and 00/100 BOLIVIANOS) per person. These amounts will be reviewed at least once every three (3) years and may be amended by Supreme Decree.

With regard to accreditation, will be credited this insurance by certificate of coverage, which shall be issued to each insured, by the Public Entity Insurance. This certificate may be through printed or electronic devices.

With respect to the administration and marketing of the insurance, shall be administered and marketed by the Public Entity Insurance enabled for the effect, which will be able to market the same with other insurance entities legally established in the country, giving way to the irrigation in the form of co-insurance, reinsurance and/or any other lawfully permitted, hold the full control of the process.

Also, the attention to the victims of accidents should be carried out by any Health Facility, public or private, being the same in the unavoidable obligation to attend to the victims of accidents at work of workers and construction workers. The negative to this care will be considered as a crime of denial of assistance provided for and punished by Article 281 of the Penal Code. Also, if the negative attention would have been made by a public servant of an Establishment of public Health, shall apply to Article 154 of the prenombrado Penal Code.

To establish responsibilities, the Law also determines that any natural person or legal entity of the public sector or private contract and/or subcontract workers and workers who provide, execute, or perform a work in a direct way in all building works, you should verify that all of them have the Insurance and be currently available.

Finally, if he / she buys and/or subcontratare workers who don't have the coverage of such insurance, an accident occur, it will be subject to the responsibilities and penalties to settle in the Supreme Decree regulating Law N° 1155, Supreme Decree to be issued by the Executive Body of the central level of the State within a maximum period of (90) ninety days from the publication of the Law N° 1155.