Employer Liability in Venezuela: Key Legal and Jurisprudential Considerations

Currently in Venezuela, employer liability is no longer merely a principle derived from general civil law; it is a legal reality reinforced by a regulatory and jurisprudential framework aimed at the effective protection of workers and the prevention of occupational risks.

Legal and conceptual framework

The Organic Labor Law (LOTTT) and LOPCYMAT¹ establish that employers are liable not only for their own acts, but also for damages caused “in the course of or arising from employment.”

In this regard, the Social Chamber of the Supreme Tribunal of Justice (TSJ) has consolidated legal criteria establishing that it is sufficient to prove the wrongful or harmful event and its connection to the work activity to trigger employer liability.

What situations give rise to employer liability?

Employer liability under LOPCYMAT

According to LOPCYMAT and its Partial Regulations, employers incur legal liability in the following situations:

1. Workplace accident or occupational illness due to failure to comply with safety measures

Article 118 LOPCYMAT: Employer strict liability is presumed when an accident or illness results from failure to comply with occupational safety conditions and measures.

Proof of fault is not required. It is sufficient that the incident is work-related and that no force majeure or unforeseeable event exists.

2. Failure to evaluate, control, or mitigate occupational risks

Article 56 LOPCYMAT: The employer must identify, evaluate, and control risks inherent to the production process.

Failure to comply with these obligations resulting in harm gives rise to liability for failure of preventive duties.

3. Failure to comply with training and instruction obligations

Article 56 LOPCYMAT: The employer must train and instruct workers regarding risks and preventive measures.

Failure to do so creates liability if an accident occurs due to lack of knowledge or improper use of equipment or procedures.

4. Absence or ineffective operation of the Occupational Safety and Health Committee (CSSL)

Articles 46, 47, and 48 LOPCYMAT: Every workplace must have a functional Occupational Safety and Health Committee.

The absence or negligence of this Committee may compromise the employer’s liability in the event of any workplace accident.

5. Refusal to report workplace accidents or occupational diseases

Article 120 LOPCYMAT: The employer must report incidents to INPSASEL.

Failure to do so constitutes a serious violation and may result in administrative and criminal liability if the worker’s condition worsens due to lack of timely attention.

6. Failure to comply with INPSASEL corrective orders or measures

Failure to comply with administrative orders, closure of unsafe areas, compliance recommendations, or workplace relocation measures issued by INPSASEL constitutes a serious violation and generates liability.

7. Discriminatory or retaliatory actions against reporting workers

Article 120 LOPCYMAT: Liability arises if the employer disciplines or dismisses a worker for reporting unsafe working conditions.

8. Failure to provide an occupational health and safety service when required

If the employer is legally required to maintain an internal or joint occupational health service and fails to do so, liability may arise.

What types of liability may apply?

1. Strict liability (professional risk theory): compensation for moral damages

Employers are obligated to compensate workers who suffer workplace accidents regardless of the worker’s own fault or negligence.

The Supreme Tribunal of Justice² has established that employer strict liability in cases of occupational accidents or illnesses is based on the risk assumed by the employer as the party who generates the productive activity and benefits from the work performed.

This liability applies regardless of employer fault or negligence, provided that the essential factual requirement exists: that the accident or illness arises directly from the work or in connection with it.

Under the professional risk theory, such damages must be compensated by the employer even if no fault existed in the occurrence of the workplace accident.

2. Subjective liability: compensation under Article 130 of the LOTTT

Under this standard, the worker must prove the wrongful act, meaning that the accident resulted from violation of occupational health and safety regulations.

This article requires that, for compensation to be granted, the occupational illness or accident must result from a violation of applicable occupational safety and health laws.

This compensation derives from the employer’s subjective liability, meaning the employer is liable for negligent acts, imprudence, lack of technical competence, or failure to comply with safety regulations that cause the occupational accident or illness³.

The burden of proof rests on the worker to demonstrate the wrongful act and that it was decisive in causing the accident or illness. 

3. Criminal liability

This applies in cases of serious safety violations resulting in death or serious injury (Article 131 LOPCYMAT).

4. Joint and several liability

This may arise with contractors, intermediaries, or representatives involved in the employment relationship.

What defenses or exemptions may employers assert?

1. In strict liability cases

When an employer is sued under strict liability, it is not necessary to prove negligent or wrongful conduct.

2. In subjective liability cases

When an employer is sued under subjective liability, negligent, reckless, or wrongful conduct must be proven.

In Venezuela, both types of liability may be claimed cumulatively, expanding the worker’s potential compensation rights.

What are some indicators of critical workplace risk?

• Informal subcontracting arrangements 
• Lack of proper training documentation 
• Excessive working hours without proper records 
• Absence of a Safety Committee or Occupational Safety Program 

Suggested practices to mitigate these risks

• Formalize actual employment relationships
• Register the Occupational Safety and Health Program
• Maintain objective evidence of preventive measures (recorded training sessions, delivery of personal protective equipment, among others)
• Establish clear protocols for control, supervision, and incident response
• Maintain open, accessible, and effective communication channels between workers and employers
• Conduct medical examinations (at the beginning and end of the employment relationship)

Current judicial doctrine imposes an active, preventive, and structural role on Venezuelan employers in protecting their workers. This requires reviewing risk management practices from hiring practices to the organizational work environment.

The principle of presumed fault and the expansion of the concept of “arising from employment” have transformed liability from an exception into the general rule.

Today more than ever, risk prevention and regulatory compliance are synonymous with business sustainability.

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1. Published in Official Gazette No. 38,236 dated July 26, 2005

2 (Sentencia N° 116 de fecha 17 de mayo de 2000 de la Sala de Casación Social del tribunal de Justicia, caso: José Francisco Tesorero Yánez contra Hilados Flexilón, S.A.)  [Judgment No. 116 dated May 17, 2000, issued by the Social Cassation Chamber of the Supreme Court of Justice, case] 

3 Sentencias Nros. 56 del 3 de febrero de 2014, caso: José Gregorio Mosquera Arguelles, contra la sociedad mercantil Centro de Asesoría Integral Empresarial Zamora, C.A. (CAIEMZ), y solidariamente contra la sociedad mercantil Pepsi Cola Venezuela, C.A. y 135 del 19 de marzo de 2015, caso: Henry Carrillo Sanabria, contra la sociedad mercantil Trabajos Industriales y Mecánicos, C.A. (TRIME, C.A.)  [ Judgments No. 56 dated February 3, 2014 (case: José Gregorio Mosquera Arguelles v. the commercial entity Centro de Asesoría Integral Empresarial Zamora, C.A. (CAIEMZ), jointly and severally with the commercial entity Pepsi Cola Venezuela, C.A.), and No. 135 dated March 19, 2015 (case: Henry Carrillo Sanabria v. the commercial entity Trabajos Industriales y Mecánicos, C.A. (TRIME, C.A.))]