The Labor Court number 3 of Santander has declared the fall of a teleworker during a break in his working day an accident at work. The employee made a stop to go for water, when he tripped and cut his hand on the glass of a door.
The judge understands 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.”
Both the mutual of the company and the National Institute of Social Security do not agree with the resolution of the court. Both entities have argued that it has not been proven that he was on a break and that the worker could be doing some domestic work, outside of his work tasks.
However, the magistrate points out that “he would share the criteria of the defendants if the fall had occurred outside of working hours, but certainly the fall occurred in the middle of the working day.” According to the judge, the fact that the worker went for water “does not cloud the stubborn reality that he fell in the middle of the workday.”
Finally, the magistrate 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. Shortly after, he had the accident at his home and called the ambulance that arrived at 7:49 p.m. The worker was taken to the hospital and treated for a cut on his hand.
Although the magistrate has been forceful in the opinion of the sentence, this is not final, since an appeal can be filed against it for its resolution by the Social Chamber of the Superior Court of Justice of Cantabria.
