The Labor Court number 3 of Santander has declared an occupational accident the fall at the home of a teleworker who took a break in his workday to go for water, tripped, fell to the ground and cut his hand on the glass of a door.
In a sentence recently notified and against which an appeal can be made before the Superior Court of Justice of Cantabria, the magistrate upholds the claim of the worker, who is still on leave due to a non-labor accident, since it has not been recognized that this is of job.
The head of the Court understands that the incident occurred “at the time and place of work” and that if “it had happened in a company there would not have even been a judicial file in this regard, there would be no doubt.”
As it took place at the worker’s home, both the mutual defendant and the National Social Security Institute have argued that it has not been proven that he was on a break and that it could have happened because he was doing domestic work.
However, the magistrate points out that “the defendants’ criteria would be shared if the fall had occurred outside of working hours, but certainly the fall occurred in the middle of working hours.”
“The fact that the worker went for water or whatever – he continues – does not cloud the stubborn reality that he fell in the middle of the working day.”
And he adds that “it is not so relevant if it was in the middle of a break, because if he had fallen while going to the bathroom, the legal response would be the same, unless it is intended that a teleworker does not go to the bathroom for six hours straight”.
In short, according to the sentence, “it is not possible to make a teleworker worse off than an ordinary worker”.
The magistrate finally alleges that the plaintiff has always maintained the same version and that the computerized record of his work activity shows that he was providing services, except for the short break he took at 7:36 p.m.
After the fall, the ambulance was called and arrived at 7:49 p.m., to be transferred to the hospital, where he was treated for a palmar cut on his hand.
The sentence is not final, since it is possible to file an appeal against it for its resolution by the Labor Chamber of the Superior Court of Justice of Cantabria.
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