This territorial concentration reveals that the problem is due to structural distortions in the judicial process in certain jurisdictions. Spurious litigation finds its core in the system of judicial medical expert examinations. Law 27.348 established a mechanism to order and professionalize this process. However, almost nine years after its sanction, the norm is still unfulfilled in most jurisdictions. Despite this scenario, the analysis highlights that: – Santa Fe began in 2025 the contest to form its Forensic Medical Corps, and the Supreme Court of the province is about to appoint three official experts, taking the first step towards the effective application of the law. Santa Fe is one of the two provinces (the other is Jujuy, whose litigation is 36 times that of Salta) that by provincial law sets a statute of limitations (a term to initiate judicial action after passing the administrative medical commission) of two years, which needs to be corrected. This is because the subsequent judicial action does not start the claim from scratch, but rather reviews an already formed administrative decision, which justifies a brief term to preserve speed, legal certainty, and the temporal link between the contingency and the reparation. The two-year term of the adherence law is an absurdity in this sense. – Mendoza implemented two years ago a system of auditing of judicial experts. Although it covers only 2% of cases, 90% of the audited opinions were corrected downwards, thus constituting another indicator that ratifies that the old system of lists of judicial experts who in turn charge in proportion to the value of the lawsuit (that is, of the value appraised by them themselves) does not work. On the eve of labor reform, the 'litigation industry' operated at full capacity in 2025, when the number of cases for work accidents and diseases grew by 6.4% compared to the previous year, the highest since the system's creation in 1996. In this way, the litigation rate rose to 132.8 cases per 10,000 insured, and San Luis, Santa Fe, Chubut, Mendoza, and Jujuy are the provinces with the most lawsuits initiated by insured persons, according to data collected by the Noticias Argentinas Agency. Precisely, the high level of litigation has been one of the main arguments for labor reform, which seeks to order the work risk system and reduce the 'litigation industry'. The imminent sanction of a new labor regime could be the framework for provincial courts to apply regulations that curb the uncontrolled advance of lawsuits. One of the most judicialized countries Labor litigation in Argentina reached record levels in 2025, which consolidate the country as one of the most judicialized in the world. More than 350 new lawsuits are registered per day, which exceeds Chile's litigation by more than 2,200% and Spain's by 1,500%, with a rate of 132.8 lawsuits per 10,000 covered workers. The paradox is that, despite the reduction in workplace accidents, lawsuits have grown exponentially. And even though there are fewer accidents and fatalities, lawsuits are increasing. Since the beginning of the work risk system in Argentina, workplace accidents have been reduced by 55% and work-related fatalities have decreased by 80%, which is equivalent to having saved more than 19,000 lives. Study by UART The coverage has been substantially expanded over the years, demonstrates a study prepared by the Union of Work Risk Insurers (UART). The system works in preventive and protective terms, but lawsuits grow disproportionately. Specialists link the phenomenon to the judicial medical expert system and the high cost of litigation. The ongoing labor reforms seek to reduce this high judicialization, while unions question the constitutionality of changes in acquired rights. 'The Labor Modernization Law is a new opportunity for provincial courts to comply with what is provided for in the norm,' they hope at UART. Extreme tension The entry of 134,141 new work risk lawsuits in 2025 (equivalent to 132.8 lawsuits per 10,000 covered workers) continues to worsen the system's situation and pushes it towards a scenario of extreme institutional and financial tension. 73% of the country's lawsuits are concentrated in three jurisdictions: Buenos Aires, CABA, and Santa Fe, districts that gather 61% of the workers.
