Argentina: Covid-19 classified as an occupational disease

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Covid-19 is now classified as an “unlisted occupational disease” according to a decree published this week in Argentina. The text says this standard applies to persons “carrying out a professional activity, business and services declared as essential during the health emergency”. In force since 20 March, the total and obligatory lockdown in the country has been extended until 26 April. The decree makes direct reference to International Labour Organization standards, which suggest that coronavirus may be considered an occupational disease, and highlights the measures taken by Colombia, Uruguay and Spain in this regard. In Argentina, coronavirus is considered a “presumed” occupational disease, the text states, meaning that occupational risk insurers (ART) cannot reject coverage of workers. The request for coverage must be accompanied by a formal medical diagnosis. After that the central medical commission, based in Buenos Aires, must definitively determine the occupational nature of the disorder. The commission may rule in favour of the worker when a significant number of contagions are found in a worker’s working environment. In the case of health workers, Covid-19 “has a direct and immediate causal relationship with the work performed”, unless otherwise demonstrated.

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