Note published in El Sol de México, Sociedad [Society] Section by Bertha Becerra.
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However, an investigation is required to determine whether the work environment was the source that caused exposure to contagion.
Notwithstanding that the Department of Labor and Social Welfare (STPS) acknowledges that contagion by SARS-Cov-2 can constitute an occupational disease and that this is based on Article 475 of the Federal Labor Law (LFT), an investigation to determine whether the work environment was the source that caused or originated the exposure to contagion is required.
This new disease is defined as: “any pathological state deriving from the continued action of a cause that has its origin or motive at work, the environment in which the worker is required to provide his services”, that has, as a result, sequels of the death of the worker.
Coronavirus SARS-Cov-2 is now also considered as an occupational disease in Article 513 of the LFT, specifically in Section 136 related to viruses, such as hepatitis, enteroviruses, rabies, psittacosis, pneumonia, infectious mononucleosis, poliomyelitis and others.
The STPS recalled that it created the Sub commission for the Update of the Occupational Disease Table within the framework of the National Advisory Commission on Occupational Safety and Health in February of last year.
And in the same sense, the Mexican Social Security Institute (IMSS), published the “Qualification criteria for cases with coronavirus as an ‘occupational disease’ on April 3, 2020.”
The mechanisms for recognizing this disease are established therein, not only in the cases of the Institute’s workers, but for all workers affiliated to the IMSS.
Under this criteria, workers that request temporary disability due to SARS-Cov-2 will receive the IMSS benefit of occupational risk insurance, as long as the investigations determine the cause-effect and work-damage.
And it is precisely about this that the lawyer specializing in labor law, Héctor de la Cruz, told El Sol de México that the investigation will be conducted to determine whether the work environment was the cause that originated or was the source of exposure to the virus.
“Therefore, not every worker will have access to a disability. This will happen only in cases in which the evidence is present”, he specified.
The expert of the De la Vega & Martínez Rojas Law Firm considers that there will be certain lines of work that will be more likely to cause workers to be exposed to these contagions, such as hospitals, sanatoriums, clinics, funeral homes, virus research centers, among others.