A remote worker, who was working from home, has won his case in the court that recognises a fall in his home, in which he sustained injuries, is classed as a workplace incident, despite opposition from the company who argued that it took place in the worker´s home.
The head of the Labour Court No. 3 of Santander highlights that if the incident had occurred in the company “there would not even have been a judicial file”.
In the ruling, the magistrate upholds the worker’s claim, who is still on leave due to a non-work accident, since it has not been recognised that this is work related.
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 the fall certainly occurred in the middle of working hours.”
“The fact that the worker went to get water or whatever,” he continues, “does not cloud the stubborn reality that he fell in the middle of the workday.”
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, “it is not possible to make a teleworker worse off than an ordinary worker”.
Finally, the magistrate recalls that the plaintiff has always maintained the same version and that the computer 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 Social Chamber of the Superior Court of Justice of Cantabria.
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