A few days ago, a new sentence came out from the Social Court number 1 of Cáceres that admitted as a work accident that of a telemarketer who suffered a fall in the bathroom of her house while teleworking. Initially, the insurance company claimed that he had not fallen while sitting in front of the computer and, therefore, it could not be expected as a work accident, but the judge has determined that going to the service cannot be considered as an interruption of the causal link, that is, of the worked.
This resolution marks jurisprudence for the future, so other teleworkers may be affected by it. What other cases can be considered as a work accident, even if we are not at our job? The lawyer specializing in Labor Law at AGM Abogados, Luis San José Gras, has pointed out some of the main doubts in this regard.
“Our General Social Security Law determines that we are facing a work accident when there is a bodily injury that the worker suffers as a result of or as a consequence of the work carried out by someone else,” says the specialist. Since teleworking is a special benefit and does not occur in the company’s workplace, the Courts have generally considered that if the accident occurs at the time and place of work, it would be an occupational accident, according to indicates the Social Court No. 1 of Cáceres. “No one would question the opportunity to consider an accident suffered by an employee in identical circumstances if he worked in a factory, office or store,” says San José Gras.
Previous cases of work accidents in teleworking
In addition to this case about the telemarketer, there are various judgments that have already analyzed the existence of an accident while they were teleworking. Another judgment of the Superior Court of Justice of Madrid of 11/11/2022 refers to an accident involving a teleworker during working hours who, when he was in the kitchen of his home, dropped a bottle of water and injured his head. hand. In this case, it also indicates that we are facing an accident at work.
One last sentence handed down on accidents at work while teleworking, we have it in the Social Court 9 of Seville on December 20, 2022, for which it gives the reason for a worker who fell down the stairs of his home while teleworking , considered the Judge that we are facing an accident at work.
Is the trip to work also covered in the event of an accident?
The commuting accident is the one suffered by a worker on the way between the job or place where he provides his services, and his place of residence, both on the way there and back. In this case, the following requirements must occur to require a work accident:
That the displacement should always be when going to or coming back from work. In the time used there can be no interruptions for particular reasons that break the causal relationship.
Types of occupational accidents in face-to-face work
The General Law of Social Security, determines that we are facing a work accident when there is a bodily injury that the worker suffers as a result of the work carried out by someone else. In this case, accidents caused by the tasks carried out, even if they are different from the usual ones, will be considered an accident at work. Thus, for it to be considered an accident at work, it is necessary that:
That the worker suffers a bodily injury. Understanding by injury all damage or bodily detriment caused by an injury, blow or illness.
Meal Period: Is It Covered?
The main point is that to be considered as such, accidents at work must be caused during work time. In this way, those produced during break times, such as lunch or breakfast, cannot be considered as work accidents.
However, the Supreme Court itself, and in application of what is contemplated in sections 1 and 2 of article 156 of the General Social Security Law, points out that if it is proven that, although the worker is not at the time and place of work , the fact that it occurred clearly “on occasion”, “by consequence” or “exclusive cause” of the execution of your work, in which case the necessary “cause-effect” relationship will be accredited so that we can We are facing a Work Accident.
Work accident compensation
Having a work accident does not de facto give rise to compensation, but it will arise when the work accident is due to omission of safety and hygiene measures at work produced by the employer. In this case, the compensation ranges from:
Surcharge of benefits that is compensation that falls on the benefits recognized to the worker by the INSS, which in this case range from 30% to 50% on the recognized benefits. Claim of damages. In this case, they range from the aesthetic damage produced; compensation for injuries according to the valuation tables of bodily damages; in the case of death, compensation for it, etc.
Do the self-employed have the right to leave due to an accident at work?
The truth is that they do have the right to request sick leave due to an accident and to collect the benefit for that work accident, which will have occurred as a direct and immediate consequence of the work they do on their own.