Employer fault in a conflict zone: company liable for a worker killed while repairing the Caño Limón pipeline

On September 14, 2014, a 51-year-old backhoe operator was repairing the Caño Limón–Coveñas oil pipeline in a rural area of Teorama (Catatumbo, Norte de Santander). On his way back to camp he was shot by a sniper, attributed to the ELN guerrilla, and died on the way to the health center.

The company knew armed groups were present in the area. Even so, it applied no security protocols and extended the work day in a "red zone".

What the courts decided

• The 4th Labor Court of Cúcuta cleared the company in 2019.
• The Cúcuta appeals court reversed that ruling in 2021, found employer fault and ordered the company to pay lost income to three children and moral damages to the wife (COP 50 million) and to each of the four children (COP 25 million). In total, more than COP 300 million.
• The Supreme Court, in ruling SL1917-2025, did not overturn that decision: the award became final.

Why it matters

Public order is the State's job, but that doesn't excuse the employer. If it exposes a worker to a danger it could foresee, it is liable. And a third party's act, here an armed group, doesn't release the employer when the company was negligent.

What it means if something similar happened to you

The workers' compensation insurer (ARL) pays the work-accident benefits, but that's not all. If the accident happened through the employer's fault, the worker or the family can also claim full compensation for damages (article 216 of the Labor Code). Accident reports, the orders given, the training that was or wasn't provided and witnesses all help.

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Sources

• Corte Suprema de Justicia, sentencia SL1917-2025 (20 de agosto de 2025)
• Corte Suprema de Justicia, comunicado (5 de diciembre de 2025)
• Infobae (14 de octubre de 2025)
• Semana (14 de octubre de 2025)

This is a summary of public news written by García & Asociados Abogados for informational purposes. Every case depends on its own facts and evidence: it doesn’t mean another case will have the same outcome.

Photo: Main square and church of San Pablo, Teorama (Norte de Santander) — M. Andres, CC0 (dominio público), via Wikimedia Commons.