Workplace Accidents
Criminal defense in serious workplace accidents. Reckless injury, homicide, and corporate liability.
Criminal Liability in Workplace Accidents
When a serious accident occurs at work, the Labor Inspectorate automatically sends the report to the Prosecutor's Office. We are not talking about fines, but about Prison Sentences for the businessman, the safety manager, or the site manager.
The Penal Code punishes strictly (Arts. 316-318 CP) not only the result (injury or death) but the danger created by the lack of safety measures. If a worker falls because there was no harness, the person responsible faces charges for Crime against Workers' Rights + Reckless Injury/Homicide.
Recklessness: Serious vs Professional
The key to the defense is strict qualification. The prosecution will always speak of "Serious Recklessness" (grave negligence) to ask for prison. Our strategy is to demonstrate that strict protocols were followed and that the accident was due to an unforeseeable fatality or the worker's own "Professional Recklessness" (overconfidence), which downgrades the matter to civil liability or a minor offense, avoiding prison.
Preguntas Frecuentes
Our Defense Strategy
Concurrent Fault
Proving that the worker disobeyed safety orders contributes to reducing the businessman's liability.
Delegation of Duties
Demonstrating that the administrator had effectively delegated safety functions to a specialized technician.
Compliance
Using the Crime Prevention Plan to exempt the company (Legal Person) from liability.
Need Immediate and Expert Legal Assistance?
The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.