Transmissibility of the action for emotional distress in works accident

Abstract

This article analyzes the problem of the transmissibility of non-pecuniary damage in workplace accidents. The problem has arisen since Law 21,018 modifed the jurisdiction of the labor courts, in order to allow the claims of the victims as heirs. However, problems persist when comparing the procedural regime with the discussions on the nature and concept of non-pecuniary damage in matters of civil liability.