Recklessness of the worker in traffic accidents

04/04/2022

Intake of alcohol or drugs as reckless conduct of the worker


Starting from this base, and taking into account that the consumption of alcohol and drugs is a reckless behavior that influences the driving of vehicles, it is not unreasonable to consider the possibility of establishing a threshold that, objectively, would mark from what point the intensity of the intoxication implies an intrinsically reckless behavior on the part of the worker and, in this scenario, the fact that our legal system already establishes, with respect to driving vehicles, for administrative and criminal purposes, an objective threshold that defines the permitted consumption and that other that is administratively and/or criminally reprehensible.
The existence of an objective standard for assessing reckless negligence for criminal purposes is not a reason for it to be extrapolated without further ado to the field of Social Security, but neither does it seem reasonable that both sectors of the legal system turn their backs on each other and, with In all likelihood, it is reasonable to advocate some "understanding" between them. The ingestion of alcohol that is considered punishable for criminal purposes does not display consequences for Social Security purposes, depriving the worker of the privileged protection of accidents.