On April 14, 2020, Executive Decree No. 367/2020 was published in the Official Gazette, by which the Argentine Executive regulated the treatment of COVID-19 in the Labor Risk Regime under Law No. 24,557, in the context of the health emergency.
Regarding essential employees that remain rendering services in the Company’s premises, and within the framework of the procedure applicable to unlisted diseases, the Decree provides a presumption in favor of considering COVID-19 a professional illness. It also provides that the labor risk insurer must not reject the coverage and must immediately provide the employees with their legal benefits. In addition, the Decree grants jurisdiction to the Central Medical Commission for the definitive determination of the professional nature of COVID-19 in each specific case, and the inversion of the burden of proof in favor of the employee if there are a relevant amount of cases in the same premises. This presumption will apply during the social, preventive and mandatory isolation.
Regarding health employees, the Decree provides a stronger presumption that basically puts COVID-19 on the same level as listed professional illnesses. This presumption will last for sixty (60) days after the end of the health emergency.
Finally, the Decree provides that, up to sixty (60) days after the end of the social, preventive and mandatory isolation, financing for COVID-19 coverage will be 100% allocated to the Fund for Professional Illnesses.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.