The Court of Labor Letters of Iquique accepted in all its parts the claim for compensation of damages filed by a worker against the company Concessions Iquique SA, he was injured without any reflective clothing on road, for the moral damage suffered after being run over while performing “parking operator” duties in a street in the city.
In the ruling, Judge Marcela accepted the legal action presented by the plaintiff and ordered the company to pay 100 million pesos. The affected one recount in the legal action that a vehicle parked unexpectedly opened its door to the sector of the street and hit it. When falling, another vehicle in circulation overwhelmed him, since he did not notice his presence because he was not wearing a reflective vest, which the company never gave him.
Then he received first aid to remove it from under the vehicle that hit him and was transferred to a health center. However, the situation did not stop there. In his arguments, he maintains that a consequence of the injury suffered, and after months in which he could not be intimate with his spouse, “he realized that he also suffers, that is, the inability to feel orgasms, so that his sex life has seen completely destroyed, only by the negligence of his former employer, “explains the text.
For that reason, the ruling concluded, “in effect, it is an obligation of means, since it consists in adopting reasonable measures of prevention, without being able to demand an effective and absolute avoidance of occupational accidents. Since the expression effectively employs Article 184 of the Labor Code, refers to the conditions that the employer must maintain for the worker. It must be designed to achieve a real and accurate protection of the life and health of the worker in the performance of their work, that are useful and apt for such effects, all of which is not appreciated by the defendant, according to the evidence rendered and analyzed as a whole, in the light of sound criticism.” About the safety equipment, the company needs to equip it for every worker for their safe.