Mexico: Being a victim of organized crime on the way to work ‘should be’ considered a workplace accident

A Supreme Court of Justice (SCJN) decision handed down on 14 August states that someone who is a victim of organised crime (murder, disappearance or kidnapping ‘derived from an act connected with organised crime’) on the way to work should be considered a victim of a ‘work accident on the way’ (accident de trabajo en trayecto), and be entitled to the relevant compensation. The highest instance of the Federal Judiciary was called upon to rule on the kidnapping and subsequent murder of a doctor on his way to work in 2012. In March 2018, the Conciliation and Arbitration Board (JFCA) had refused to classify the case as an occupational accident, on the grounds that article 474 of the Federal Labour Act stipulates that death must occur in the workplace. However, a deterioration in safety conditions throughout the country led parliamentarians to amend article 474 in June 2018, and defining an occupational accident as the ‘death or disappearance resulting from a criminal act’ at the workplace or on the way to or from work. This latest court decision is likely to set a precedent in a country where workers are feeling the full impact of the increase in violence linked to organised crime. In Mexico, if employers correctly register employees with the Mexican Social Security (IMSS) then the IMSS will take over paying the compensation amounts. However, each workplace accident that is reported by an employer will concomitantly increase the amount of employer IMSS contributions.