The Social Court number 9 of Seville has upheld a lawsuit filed by a Telefónica worker who complained to the company that the fall he suffered down the stairs in his home when he was going to fetch water while teleworking was considered a work accident. As reported by UGT sources and collected by Efe, whose legal office urged the worker to file a lawsuit, which he also processed, this is the first sentence in this regard in Telefónica. For its part, the National Institute of Social Security (INSS) declared that there was this accident as non-occupational.
The complaint was filed by this worker after falling down the stairs on June 5, 2019, who had access to EFE this Tuesday.
The defendants are the managing entities INSS-TGSS (General Treasury of Social Security), Mutua Fraternidad Muprespa and Telefónica España. In the fundamentals of law, reference is made to article 156 of the LGSS (General Social Security Law), which explains that the work accident is the one that the employee suffers on occasion and as a consequence of the work carried out by someone else and that injuries will occur at the time and place of work.
It was considered proven that the injuries occurred at the time and place of work. The UGT has highlighted the importance of taking into account that the accident occurred before the enactment of the current remote work law, which reinforces the existence of a labor nexus when an accident occurs in a teleworking situation.