Courts jurisdiction on labor accident legal actions

Section 17.2 of Law N° 26.773 establishes that legal actions filed by employees regarding labor accidents or professional diseases grounded on civil law are subject to Buenos Aires civil courts’ jurisdiction. However, the majority of the National Labor Court of Appeals chambers ruled in favor of labor court’s jurisdiction regarding these legal actions.

The National Labor Court of Appeals has considered that civil jurisdiction would violate the protective principle included in section 14 bis of the National Constitution and that the existence of special labor proceedings is an expression of the legal protection guarantee, which holds constitutional status.

On the other hand, minority Chambers I and IV of the National Labor Court of Appeals, have acknowledged civil courts jurisdiction on the understanding that the National Congress, under the constitutional scope of its faculties, is entitled to assign civil jurisdiction.