CACERES, 7 Nov. (EUROPE PRESS) –
The Social Court number 1 of Cáceres has agreed with an employee when considering the fall she suffered at home while teleworking as a work accident.
The worker as a result of the pandemic has been carrying out her work from home, the job consisting of sitting in front of a computer, and now in her sentence, the judge considers it proven that on March 8, 2022 she went to the bathroom of her home and when leaving, to resume his task, he stumbled in the corridor, falling to the ground, suffering trauma to his elbow and right side.
In this case, the mutual claimed that since the accident had not occurred while sitting in front of the computer at her home, it was not possible to speak of a “workplace”, and therefore it was not protected by the regulations.
The judge, on the other hand, points out that there has not been a clear interruption of the causal link, and gives as an example of interruption the situation of someone who, during work time, being in the kitchen of his home, accidentally cut himself with a knife, according to reports the Superior Court of Justice of Extremadura (TSJEx) in a press release.
In this case, the sentence deepens, “nobody would question the opportunity to consider an accident at work suffered by an employee in the same circumstance if he worked in a factory, office or store.”
In this sense, it indicates that “the obligatory visit to the bathroom to attend to a physiological need, constant performance of the working day, cannot undermine the legal presumption” and concludes “here it is not about making a better condition for those who telework, on the contrary, it seeks to avoid their lack of protection”.
The judgment is not final and an appeal can be filed against it before the Social Chamber of the Superior Court of Justice of Extremadura.
