The fall at home of a teleworker during his day is declared an accident at work

SANTANDER, 3 Abr. (EUROPA PRESS) -

The head of the Labor Court number 3 of Santander has declared 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 recently notified ruling, the magistrate upholds the worker's claim, who is still on leave due to a non-work accident, since it has not been recognized that this is work related.

The judge argues that "the incident occurred at the time and place of work" and that if "it had happened in a company there would not even have been a judicial file in this regard, there would be no doubt."

Since it took place at the worker's home, both the mutual defendant and the National Social Security Institute have considered 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 judge points out that the criteria of the defendants would be shared if the fall had occurred outside of working hours, but "it occurred in the middle of the working day." "The fact that the worker went for water or whatever doesn't cloud the stubborn reality that he fell in the middle of the workday," he adds.

In his opinion, "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 in a row" .

In short, "it is not possible to make a teleworker worse off than an ordinary worker".

Finally, remember 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, an ambulance was called, which arrived at 7:49 p.m., for transfer to the hospital, where he was treated for a palmar cut on his hand.

The sentence is not final and an appeal can be made against it before the Labor Chamber of the Superior Court of Justice of Cantabria.