Análisis de la responsabilidad extracontractual del estado en riesgos laborales del sector público

Abstract

Abstract: The Ecuadorian State's non-contractual liability for occupational hazards in the public sector considers its dual role as guarantor of rights and employer. Under a legal framework of strict liability, it is sufficient to demonstrate harm and its connection to a state action or omission to demand reparation. However, a gap is evident between current regulations and their implementation, resulting from deficiencies in risk prevention, occupational health surveillance, and the promotion of a culture of safety in public institutions. The qualitative, legal, and documentary research is based on normative, jurisprudential, and doctrinal analysis, complemented by specific cases in which the State has been held responsible for failures in occupational safety. The results show that, despite having a solid regulatory framework, its implementation is limited, which affects the rights of public servants and generates reparation obligations. The conclusion is that occupational health and safety units need to be strengthened, resources must be guaranteed, staff must be trained, and claims processes must be optimized.