A legal expert is defined by his or her skills and abilities. His or her skills must be extensive and his or her abilities both special and specialized, all due to and thanks to the specific studies he or she has completed. A legal expert provides information and a well-founded and reasoned opinion to the courts of justice on certain litigious aspects subject to verdict.
A judicial expert is qualified to carry out, apply and use the techniques and resources in a scientific manner for the correct and adequate administration of the application or claim in his/her corresponding area of specialization.
Types of Expertise
We distinguish between a court expert and a party expert. A court expert is someone appointed by the judge, and a party expert is someone who acts in the process proposed by one of the parties.
The court expert, therefore, is a professional with extensive specialized knowledge who provides information and opinions based on said specialized knowledge to the courts of justice on those points in dispute regarding which they must issue a ruling in their opinion.
In any trial, the expert opinion, which includes the opinion and information presented by the expert, is extremely important and plays a crucial role, since it can be of vital importance for a summary to obtain a fair and sensible sentence based on the evidence, opinions and information collected by the judicial expert in his opinion.
For its part, the Law on the Prevention of Occupational Risks 31/1995 and the other regulations landline number list on the prevention of occupational risks generate a large regulatory framework; a broad, extensive regulatory framework that regulates a multitude of complex and diverse situations.
The application of this standard and those that develop it has generated and currently generates significant and numerous conflicts of interest, which often lead to penalties and sanctions.
These conflicts will be resolved, depending on their type, before the labor administration and/or before the Courts and Tribunals.
We must not forget that employers have the duty to protect their workers from occupational risks and to guarantee their health and safety in all aspects related to their work, both through the integration of preventive activity in the company and by adopting as many measures as necessary to do so.
occupational risk prevention
Thus, the employer must apply the measures that comprise the general duty of prevention following the following general principles:
You should always try to avoid risks as much as possible.
Those risks that are impossible to avoid must always be evaluated beforehand.
Risks must be addressed at their source.
The work to be performed must always be adapted to the person who must perform it, in particular with regard to the design of the work stations, as well as with regard to the choice of equipment and the determination of the specific work methods and production methods. All of this with the aim of minimising monotonous and repetitive work, always with a view to reducing the possible harmful effects of this work on health.
The evolution of technique is an aspect that must always be taken into account.
To the extent possible, you should replace what could be dangerous with what is safe.
Prevention planning is essential.
Collective protection must always come before individual protection.
Workers must always receive correct instructions.
Occupational risk prevention must be integrated into the company's general management system, both with regard to all its activities and with regard to all hierarchical levels of the organization. To this end, the employer must implement and execute an occupational risk prevention plan.
The figure of the judicial expert in PRL
For all these reasons, the role of the judicial expert in occupational risk prevention is essential , as his activity is vital and indispensable as evidence. The activity of the judicial expert is essential for the assessment and interpretation of contentious situations, in the resolution of conflicts in matters of occupational risk prevention.
In the Judicial Expert course in PRL you will learn the concept of expert and its types, how the status of expert is acquired, how they are appointed, their rights and duties, and how to carry out and assess the expert opinion.
In addition, you will master the legal framework for occupational risk prevention and the elements of the management system to be considered in the appraisal, as well as the methodology, techniques and resources for appraisals in occupational risk prevention. If you want to be part of this exciting profession with such importance and future, do not hesitate... we are waiting for you!