Cases not considered work accidents by judges
In a recent ruling, the Social Division of the Supreme Court has held that a fall in a hotel shower on a business trip is not an accident at work. This decision cannot be generalised and, as the SC explains, must be studied on a case-by-case basis.
What are accidents at work?
An accident at work is defined in Article 156 of the General Law on Social Security (LGSS) which states in paragraph 1 that:
- An accident at work means any bodily injury sustained by a worker in connection with or arising out of work performed by him for hire or reward.
As a consequence of the above, two elements must be present for an accident at work to be considered to exist: a bodily injury to the worker and a cause-effect relationship between the work and the injury.
What is not an accident at work?
On the other hand, we must define what is not an accident at work. In general, the following cases, as defined in article 156.4 of the LGSS, can be detailed:
- Accidents due to force majeure not related to work. These are unforeseen events that are unrelated to work and outside the company and the worker’s control, for example: a natural disaster or war. According to the judgement of the High Court of Justice of Galicia of 14 March 2016, sunstroke, lightning and other similar natural phenomena are not considered to be force majeure outside work.
- Accidents that are due to recklessness on the part of the injured worker. Recklessness is considered reckless when there is a situation in which the injured person disobeys the rules or instructions given by the employer. For example, this is the case of a worker who, on his way home from work, is run over as a pedestrian when he crosses a road in a place not designated for pedestrian crossings.
- Accidents due to the malice of the worker. As far as malice is concerned, it is considered to exist when the worker causes the accident voluntarily, consciously and maliciously in order to collect the benefits for the contingency.
Recent case law on accidents at work
Recent judgments have analysed accident cases that are interesting to analyse:
- The Madrid High Court of Justice ruled on a case of a worker who suffered a heart attack outside working hours while teleworking, which led to his death. In this case, the court ruled out the existence of an accident at work since the employee had not yet switched on his computer and had not registered on the time and attendance platform.
- The High Court of Justice of Galicia analyses a case of a self-employed person who drives to his workshop, falls asleep while driving and has an accident. In this case it is considered not to be an accident at work.
- The High Court of Justice of the Basque Country analysed a case of a veterinarian who was allergic to dog hair and considered that it was not an accident at work but an occupational disease.
In short, there are many nuances that differentiate one case from another and each case must be analysed in detail. If you need help for an accident at work, contact us and we will analyse your case and advise you.
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Many companies have been affected by this health and economic crisis, and as a consequence their employees have also been affected. Also, in response to this crisis, the government approved at the end of March a series of measures prohibiting layoffs due to Covid; all of this to alleviate the negative effects of this pandemic.
In this article we present the 7 fundamental keys to labor rights while teleworking. The most relevant aspects are mentioned and the most frequent doubts regarding this new work model are solved.
Noticias relacionadas
Many companies have been affected by this health and economic crisis, and as a consequence their employees have also been affected. Also, in response to this crisis, the government approved at the end of March a series of measures prohibiting layoffs due to Covid; all of this to alleviate the negative effects of this pandemic.
In this article we present the 7 fundamental keys to labor rights while teleworking. The most relevant aspects are mentioned and the most frequent doubts regarding this new work model are solved.
Noticias relacionadas
Many companies have been affected by this health and economic crisis, and as a consequence their employees have also been affected. Also, in response to this crisis, the government approved at the end of March a series of measures prohibiting layoffs due to Covid; all of this to alleviate the negative effects of this pandemic.
In this article we present the 7 fundamental keys to labor rights while teleworking. The most relevant aspects are mentioned and the most frequent doubts regarding this new work model are solved.
