Introduction:

The studies of comparative law are used as a methodology of legal analysis based on the comparison of different applications and interpretations for similar cases, the interest in comparative law lies in that it nourishes and broadens the vision for international understanding, which makes us understand the rationale of the rules in different states, Of our interest is the concept of the Andean citizen and the migratory statute that defines that migrant workers from Bolivia, Colombia, Peru and Ecuador have additional rights, guarantees and duties to those of their country of birth, these new social rights are those granted since August 11, 2021 by decision 878 of the Andean migratory statute. When analyzing whether the health workers who attended the COVID-19, exposure to occupational biological risk was considered in each of their countries as of occupational origin, since the objective of the community is to standardize and normalize concepts and regulations and thus allow inferring whether they are entitled to the assistance and economic benefits covered to the worker

Objective:

To compare the legislation issued by the health authorities of the member countries of the Andean Community of Nations on COVID-19, and if this was configured as an Occupational Disease in health workers who attended the Pandemic.

Material and Method:

An exhaustive review was carried out in the official communication channels of the health authorities of Colombia, Ecuador, Peru and Bolivia, CAN member countries, filtering the information on how they developed COVID-19 as an Occupational Disease in their internal regulations, identifying guarantees and protections provided by the countries to the health workers who have been in charge of the integral attention of this contingency. Descriptive study that included a search from April to December 2021.

Results:

After the review, COVID-19 was recognized as an Occupational Disease in health workers, in 3 of the 4 Countries, 1 of the Countries determined it as a Public Health problem, likewise it was found that each Country, approaches Occupational Risks differently, translating into the fact that Health Workers of the CAN, did not have guarantees and protections proper to the Occupational Risks system.

Conclusions:

There is a lack of development on the part of all the Countries that make up the CAN, with regard to aligning their regulations on labor risks, in such a way that they guarantee access to the Andean Citizen to enjoy the guarantees provided by social security in accordance with the supra-national regulation, Decision 584 which approves an instrument that establishes the fundamental rules on occupational safety and health, as a basis for the gradual and progressive harmonization of the laws and regulations governing the particular situations of the labor activities developed in each of the Member Countries, which are not fully developed by all the member countries, generating legal insecurity and uncertainty for the migrant worker.

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