Teleworker's fall at home in Spain declared a workplace accident

A judge in Spain has declared an incident where an employee fell at home while teleworking as a workplace accident.

The court in Santander supported the claim of the male worker who is still on leave after he took a break while teleworking to go for water, tripped and fell to the ground, cutting his hand on the glass of a door.

The judge argued 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, there would be no doubt.”

Since the accident happened at the worker's home, both the defendant and Social Security argued it could not be proven he was on a work break and that it could have occurred while he was doing domestic chores.

But the judge pointed out the accident occurred "in the middle of the work day" and the fact that “the worker went for water does not cloud the stubborn reality that he fell in the middle of the work day."

"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 straight hours," the judge told the court. “A teleworker should not be treated worse off than an ordinary worker."

A computerised record of his activity showed he was working, except for the short break he took at 7.36pm, the court heard.

After he fell, an ambulance was called, which arrived at 7.49pm for his transfer to the hospital, where he was treated for a cut on the palm of his hand.

The court ruling is not final and an appeal could still be made against it before the Labour Chamber of the Superior Court of Justice of Cantabria.