Argentina has just closed a record year in labor litigation. In 2025, 134,000 ART (Workers' Compensation Insurance) lawsuits were filed, the highest number in history. The total stock of pending cases reaches 317,848. And each paid lawsuit averages 27 million pesos. Meanwhile, paradoxically, workplace deaths dropped 80% and accidents 55%. More lawsuits with fewer accidents: an equation that directly impacts policy costs and every employer's pocket, including property owner consortiums. Because yes, your consortium is an employer. Every building manager, doorman, or cleaning staff working in your building generates the same labor obligations as any company. And if something goes wrong without adequate coverage, all property owners pay.
1. The scary numbers: 134,000 lawsuits in a single year
To grasp what 134,000 annual ART lawsuits mean: Argentina had 2,200% more workplace risk claims than Chile, a country with comparable economic and labor conditions. 45% of what insurers pay in these lawsuits goes to intermediation: attorney fees, expert witnesses, and court costs. That is, for every peso paid, less than half reaches the injured worker. This level of litigation has direct consequences: ART premiums increase, insurers become more restrictive in accepting risks, and employers face rising costs. For consortiums, which operate with tight expense budgets, the impact is twofold: higher premiums and greater exposure to lawsuits.
2. Your consortium is an employer: obligations you can't ignore
Many property owners don't know this, but the owners' consortium is a legal entity that acts as employer of building staff. This includes permanent building managers, contracted cleaning personnel, maintenance and security staff, and any other dependent worker. As an employer, the consortium has exactly the same obligations as a company: contract ART, pay contributions on time, comply with health and safety regulations, report accidents within 24 hours, and provide personal protective equipment when applicable. The administrator executes these obligations on behalf of the consortium, but legal liability falls on all property owners proportionally to their functional units.
3. The most common accidents among building staff
Knowing the most frequent risks allows prevention. Among building staff, the most common incidents are: falls on stairs during cleaning tasks (especially when floors are wet or waxed), spine and joint injuries from handling heavy garbage bags, accidents with cleaning products (chemical burns, poisoning from mixing products), hand and arm injuries from facility maintenance, bumps and bruises from handling furniture in tight spaces, commuting accidents (in itinere, between the worker's home and the building), and heat stress from working in spaces without adequate climate control. Each of these scenarios, if not covered by ART, can generate a lawsuit against the consortium. And with the current level of litigation, the probability of this happening is higher than ever.
4. What happens if your consortium has no ART or is in arrears
There are two equally dangerous scenarios. The first: the consortium has no ART contracted. In this case, facing a workplace accident, the consortium responds with its own assets. And since the consortium has no assets beyond the reserve fund, liability passes directly to property owners. A 27 million peso lawsuit is divided among all functional units. The second scenario, more common and more insidious: the ART is contracted but with overdue payments. Here it's worth being precise: under Article 28 of Law 24,557, if the employer hasn't paid its dues, the ART is still required to provide benefits to the injured worker, and only afterward claims the amount owed from the consortium through a collection lawsuit. In other words, the worker doesn't lose coverage because of the consortium's arrears. But the debt does have consequences for the consortium: the ART can pursue legal action for the unpaid amounts, with interest, and a history of arrears makes it harder to renew the policy on good terms. It's essential to keep payments current to avoid that claim, not because the worker would be left unprotected.
5. Prevention measures that reduce risk and premiums
Prevention isn't just an ethical matter: it also reduces ART premium costs. Some concrete measures every consortium should implement: provide non-slip safety footwear for cleaning staff, place wet floor signage during cleaning tasks, establish protocols for waste handling (maximum weights, use of carts), maintain stairs, handrails and lighting in service areas in good condition, provide gloves and protective equipment for maintenance tasks, train staff on safe use of cleaning products and prohibited mixtures, and ensure work areas have adequate ventilation. Many ARTs offer free prevention programs that include training, risk assessments, and specific recommendations for the type of activity. Take advantage of these services: besides protecting staff, they demonstrate the employer's good faith in any eventual lawsuit.
6. How to report an accident correctly and avoid complications
When a workplace accident occurs in the building, the first steps are critical. First, assist the worker: if the injury is serious, call emergency services and then the ART. Most ARTs have 24/7 emergency hotlines. Second, report the accident to the ART within 24 business hours. Delay in reporting is one of the main causes of subsequent complications. Third, document everything: photos of the accident location, witness statements, detailed description of how it happened. Fourth, complete the claim form with maximum precision, without minimizing or exaggerating what occurred. Fifth, ensure the worker receives medical attention through the ART, not through their regular health plan. If the ART doesn't respond or delays attention, document every contact attempt. Sixth, keep copies of all documentation. In case of a subsequent lawsuit, having a timely report, ART medical records, and evidence that the consortium acted correctly can make the difference between winning or losing the case.
Conclusion
The ART lawsuit record isn't an abstract statistic: it's a concrete risk for your consortium. With 134,000 new lawsuits in a single year and average amounts of 27 million pesos, a single poorly handled claim can become a financial catastrophe for all building owners. The good news is that protecting yourself isn't complicated or excessively expensive. An up-to-date ART, basic prevention measures, organized documentation, and an Insurance Advisor's guidance are the tools you need. Don't wait for an accident in your building to become lawsuit number 134,001.
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