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The salaried engineer can receive claims for the functions performed in the company in which he carries out his professional activity, either by the injured client himself in the form of a direct claim, or by the company through the exercise of the repetition action .
In this sense, the problem is usually raised that once the company receives a claim from a client, for work done by one of its professionals, it takes charge of the claim and subsequently, repeats against the engineer in such a way individual
Next, we will explain a real case where an engineer received an insurance claim from the company for which he provided his services, for work done by our insured engineer and where the company, through its insurer, had taken charge of the amount derived from the civil liability generated.
EVIL EXPLANATION
In a criminal procedure of Preliminary Diligences for the death of a worker after a work accident, followed against an Engineering Society, the College of Technical Engineers is requested to provide the details of the Engineer , an employee of the Company, who had carried out the Coordination of Safety and Health.
Given the Engineer's data, he is summoned to testify as an investigator. Through his testimony and that of others investigated in the procedure, it is established that the injured person was not wearing EPIS or any of the alternative protection measures, which is why, in principle, our insured could not be held criminally liable for any for the death of the worker.
That being the case, the dismissal of our insured was requested and, after the implementation of a series of Diligences by the Prosecutor's Office, an Act of Dismissal and Filing of the case was finally issued.
When the insured gave this matter as resolved, he receives a lawsuit filed by the Insurance Company of the company for which he worked . The lawsuit was directed against him and his insurance company through the Professional Civil Liability policy subscribed by the College of Technical Engineers. It is what is commonly known as an action of repetition that can be exercised against the Engineer, both the company for which he provides or provided his services, and the insurance company thereof.
Apparently, the company's insurance company achieved, in the criminal proceedings, an agreement for the employer's civil liability generated by the death of the worker and, now, claims from our insured the payment of 50% of the amount of this
After re-appointing a lawyer for the insured's defense and analyzing all the circumstances of the case and defense arguments, we are awaiting the evolution of the judicial procedure, so that, in the event of a conviction for prove the responsibility of our insured, the Company proceeds with the payment of the corresponding indemnities as an individual insurer, of our insured.
CONCLUSIONS
The case explained in the previous lines highlights that it is essential to be properly insured. Apart from the fact that the company where the engineer works has a specific policy for society, it is highly recommended that the professionals who are part of it also have CPR insurance that covers their responsibility as individuals physical, individually.
It is important to highlight that, although the salaried Engineer has the status of insured through the Company's policy, he does not thereby lose his status as a third party.
The specific engineer who does the work is responsible for the damages that may be caused as a result of an error or negligence committed in the exercise of the professional activity, and as we have seen, the claim may end up being directed against him , either for the person injured by the accident, or for the society for which he provides his professional services. For this reason, it is extremely important to have our own insurance, which accompanies us throughout our professional career.