The Superior Court of Justice of Madrid (TSJM) has recognized the Covid-19 infection of a CSIF union representative who worked at the Francisco de Vitoria Nursing Home, belonging to the Madrid Social Care Agency (AMAS), as a work accident. The worker, who went to the center daily, was infected during the first wave of the pandemic and died on March 29, 2020, after having taken sick leave due to his delicate state of health on March 16.
Initially, the National Social Security Institute (INSS) had resolved that the leave was due to a common illness and not to professional contingencies. However, CSIF appealed this ruling in 2023, alleging that adequate measures were not taken at the residence to combat the transmission of the virus. The union denounced both the INSS and the General Treasury of Social Security (TGSS) and the AMAS as ultimately responsible for providing the means to prevent infections in the center.
Insufficient prevention measures in March 2020
As CSIF has highlighted, in March 2020, the AMAS recommendations to prevent Covid-19 consisted only of hygienic hand washing, even discouraging the general use of masks. The union has shown its satisfaction with the ruling of the TSJM, which states that the delegate’s leave on March 16 until his death was due to a work accident and not a common illness.
What is considered a work accident?
A work accident is any bodily injury that the worker suffers on the occasion or as a consequence of the work he or she performs for others. This includes accidents that occur during the usual journey between home and work (in itinere accidents).
Can Covid-19 infection be considered an occupational accident?
Yes, in certain circumstances, such as in the case of the deceased union representative, where it was proven that the infection occurred during the performance of his work in the workplace. It is important that the cause-effect relationship between work activity and contagion be demonstrated.
What does it mean for a Covid-19 infection to be recognized as a work accident?
When a Covid-19 infection is recognized as a work accident, the worker or his or her family members have the right to receive the corresponding Social Security benefits, such as temporary disability, permanent disability or, in the event of death, death benefits and survival.
