The Superintendence of Occupational Risks (SRT) issued Resolution No. 41/2025, published in the Official Gazette on September 22, 2025. Through this resolution, Insurers (ARTs), Self-Insured Employers (EA), and Non-Insured Employers (ENA), in jurisdictions adhering to Law No. 27,348 (complementary to the Occupational Risk Law – LRT), are authorized to offer economic compensation agreements to workers who are discharged from medical care without any resulting permanent disability. Such agreements do not modify the determination of the absence of disability and do not constitute acknowledgment of any right to monetary benefits for Permanent Work Disability (I.L.P.), as established under Law No. 24,557, as amended.
The offering of such economic compensation is optional and discretionary for the aforementioned parties. It shall not be considered a binding precedent, even in similar cases, nor may it be deemed enforceable by the worker.
The required involvement of medical professionals ensures that the worker is evaluated based on scientific rigor, safeguarding their rights and in compliance with the principles set forth in Law No. 24,557.
The Medical Commissions Administration Department may issue any necessary complementary measures for the implementation of this procedure. It shall apply to cases in progress without a medical determination as of the effective date of this resolution, i.e., September 23, 2025.
The procedure for entering into this type of agreement may only begin after a participating Medical Commission certifies the absence of permanent work-related disability, either through a “Damage Assessment Report” or a medical opinion issued in the framework of a “Dispute on Disability Determination” proceeding. In the latter case, once the absence of disability has been determined, the Homologation Service (SH) of the relevant Jurisdictional Medical Commission will issue a request via the Electronic Portal to the ART/EA/ENA, requiring it to express—within a period of three (3) business days—its willingness to reach an economic compensation agreement. During this period, the time limit set forth in Article 3 of Law No. 27,348 shall be suspended.
If the deadline expires without a response, or if there is no agreement or any party unjustifiably fails to attend the scheduled hearing, the Homologation Service shall issue a Closure Order for the proceeding, stating that the worker does not present any disabling sequelae, thereby enabling the legal action referred to in Article 2 of Law No. 27,348.
If the intention to reach an agreement is expressed, the Homologation Service shall summon the parties to a hearing. If an agreement is effectively reached, it shall be approved with the legal effects of administrative res judicata, thereby closing the administrative stage.
As clarified above, the compensation agreement does not establish a disability percentage, nor does it modify the medical opinion. Rather, it serves as an alternative solution aimed at reducing litigation in these specific cases.