Aplicaciones de la psicopatología forense al ámbito laboralun reto para el futuro

  1. Fernández Montalvo, Javier
  2. Echeburúa Odriozola, Enrique
Revista:
Psicopatología Clínica Legal y Forense

ISSN: 1576-9941

Año de publicación: 2002

Volumen: 2

Número: 1

Páginas: 63-79

Tipo: Artículo

Otras publicaciones en: Psicopatología Clínica Legal y Forense

Resumen

The major implications of forensic psychopathology in work settings are reviewed. As far as labor laws are concerned, the main behavioral events of interest are the acceptance and termination of the work contract. The judicial concepts, which rely to a certain extent on the state of mind of the affected worker (judicial capacity, ability to act, and impunity), as well as the existing jurisprudence in this field, are analized along these lines. From a Social Security point of view, psychopathology implications are fundamentally focused on the determination of disability due to psychological reasons. As a result, value is placed on the concepts of labor accidents and professional illness, in addition to the different states of disability acknowledged by Social Security administration. Finally, the existing difficulties with respect to a valid assessment of these cases, as far as psychopatholgy is concerned, are discussed, as are the advantages and disadvantages of the official rate tables for psychological disability determinations.