Abstract
There is no doubt that the living worker impaired in his or her dignity by suffered a pain, sorrow, grief and mental anguish caused by a work accident or occupational disease due to to negligence or fraud of his or her employer , will be the active titular to exercise the compensation action for moral damages based on contract. The problem arises when the worker dies. Is it transmissible to the heirs the action for compensation for moral damage? From the stadpoint of Labor Law and Social Security the doctrine is no clear. It analyzes from the common law doctrine to its own labor law, examining jurisprudence before concluding that in which specific situation applies the theory of the transmissibility and in which not. It ends with proposals of lege ferenda about the matter.
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