Date march 12, 2019, was enacted the Law N° 1155 the Compulsory Insurance of Accidents of the Worker and the Worker in the field of Construction – SOATC. Also, through the Supreme Decree N° 4058, of date October 15, 2019, regulation the prenombrada Law N° 1155. This policy is mandatory for all workers in the field of construction and those individuals who require and/or contract services of construction.
Therefore, as indicated in the Art. 5 of the block policy, all workers of the construction, in order to provide their services in the national territory, has the obligation to hire, annually, and to keep the SOATC while you work. In the same way, this obligation extends to all contractor and/or contractor, as the same have the obligation to verify that the construction workers hired to have the SOATC and that the same is in effect. Force, which must be duly proven through a Certificate of Coverage SOATC appropriate.
With regard to the exclusions from the SOATC, are excluded from the same the case of bodily injury or death occurred or caused by any to be found in the following circumstances:
- Outside of the national territory;
- In a state of intoxication;
- Under the effect of drugs, narcotics and other hallucinogens;
- By suicide or injury auto inferred;
- Outside of the construction site.
- Treatments for side effects post-accident as plastic surgeries, psychological treatments, and prosthetics non-functional except for reconstructive surgery and prosthetic functional internal.
In terms of the coverage, the SOATC covering the risks of bodily injury and death incurred by any insured in their place of work while performing work activities directly in the construction, under the coverage of expenses medical, permanent total disability and death. The Insurer must ensure the following benefits for each insured and rugged, for each accident, according to the following coverages and values insured:
|Medical expenses||Up To Bs.- 7,000.- (Seven Thousand And 00/100 Bolivianos)|
|Permanent total disability||Bs.- 70,000.- (Seventy Thousand And 00/100 Bolivianos)|
|Death||Bs.- 70,000.- (Seventy Thousand And 00/100 Bolivianos)|
Also, the SOATC will be shareable with any other insurance that covers people in connection with accidents, regardless of the source or nature of the event covered by the insurance.
The premium SOATC is unique at national level and will be fixed during the entire corresponding management, this will be calculated by the Insurer and submitted for approval to the APS. Any variation in the amount of the premium, it must be expressly authorized by the APS and once authorized, will apply for the following annual management to the requested.
With regard to the notice of claim, the Art. 16 of the decree in question provides that the insured suffered any construction accident, or persons having a legitimate interest, within fifteen (15) calendar days of having knowledge of the accident, you must communicate this fact to the insurer, except in situations of force majeure or impairment duly justified.
Produced the claim, the insurer has the right to a physician hired by your account you examine the insured injured or deceased, with the object of establishing the origin, nature and seriousness of the injuries or the cause of their death.
Relating to the payment of the compensation, the payment of these sums insured of the SOATC must be unconditional, being inadmissible any exception that the insured can claim against the insured, except exclusions set out in this Supreme Decree. In accordance with the coverages of the SOATC, the payment of the sums insured shall be determined in the following way:
- Medical expenses: the payment will be made directly to the health facility certifying that the student has provided its services to the insured; however, in the event that the insured or any person related to the rough made the payment for force majeure, the carrier shall reimburse such expenses.
- Permanent Total disability: the compensation will be paid directly to the insured or to his duly accredited legal representative.
- Death: you will indemnify the beneficiary designated in the policy of the SOATC.
The payment of this indemnity shall within fifteen (15) business days after the full presentation of the required documents and determined by the Art. 17 of the Supreme Decree.
Also, it should be noted that such compensation is prescribed for the coverage of death in accordance to what is established by Art. 1041 of the Code of Commerce. Which states that: “In case of death, the benefits of a life insurance or personal accident unclaimed, prescribe in favor of the State, in the term of five years, counting from the date on which the beneficiary is aware of the benefit in your favor.”
Also, the present Supreme Decree determines the obligation of care to victims of accidents. It is worth to say that all health facility, public or private, in the unavoidable obligation to attend to the injured person. The refusal will be regarded as a crime of denial of assistance provided for and penalized in Art. 281 of the Criminal Code.
With regard to the control of the acquisition of the SOATC, the Ministry of Labour, Employment and Social security will be able to perform the verification of compliance with the obligation to purchase said insurance in construction, being able to coordinate the same with the trade Union Confederation of Workers in Construction in Bolivia. In case of non-compliance with the acquisition of the SOATC, the Ministry of Labour, Employment and Social security will impose a penalty to the contractor and/or contractor, which will be defined by Ministerial Resolution to be issued by such Portfolio of State.
With regard to the regulation of this Supreme Decree, within sixty (60) calendar days subsequent to the publication of the same, the APS on regulation by Administrative Resolution, the application of this standard.
Finally, under the Administrative Resolution APS/DJ/DS does Not. 1820/2019, October 30, 2019, the Authority and Control of Pensions and Insurance – APS, approved the Regulation Operating the Compulsory Insurance of Accidents of the Worker and the Worker of the Construction SOATC.