Colombia Supreme Court rules pre-shift accidents can be occupational

The Labor Cassation Chamber of the Supreme Court of Justice ruled that accidents occurring in the vicinity of a workplace, such as while a worker is waiting for authorization to enter and begin their shift, can be classified as occupational accidents.

The decision stems from a case in Barranquilla involving a worker who died after being struck by a falling cornice while arriving at a construction site. While a lower court initially ordered the Labor Risk Administrator (ARL) to pay survivor pensions to the victim's widow and daughters, a Superior Tribunal later overturned that decision, labeling it a common accident because it occurred outside the building and before regular hours.

In its review, the Supreme Court overturned the reversal, stating that the definition of a work accident is not strictly limited to the exact location of task execution or formal working hours. The Court argued that arriving early and waiting for entry instructions are behaviors inherent to the subordinate labor relationship and are directly related to the provision of service. The ruling emphasizes that administrative formalities should not act as barriers to beneficiaries accessing entitled benefits.