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Accidents during teleworking: how to prove that it is at work and not at home

| News | Employment Law and Social Security

Alfredo Aspra analyzes the key factors to establish if it is an accident at work or not

All workers who have the possibility of teleworking must stay at home while the state of alarm and the order of confinement given by the Government in view of the advance of the coronavirus. Since the home is the new workplace for many people in Spain, the lawyers specializing in labor law consulted by Vozpópuli explain what happens when you have an accident.

The General Law on Social Security (LGSS), approved by Royal Legislative Decree 8/2015 of 30th October, stipulates that an accident at work is "any bodily injury that the worker suffers on the occasion of or as a result of work performed for others" and specifies that "it shall be presumed, in the absence of proof to the contrary, that injuries suffered by the worker during the time and in the place of work constitute an accident at work".

Alfredo Aspra, partner of the Andersen Tax & Legal Employment Practise, states that the nature of the provision of services under the teleworking regime implies a special difficulty to clarify certain aspects related to the work accident. Specifically, the differentiation between work accidents and domestic accidents. And that, in order to answer this question, it is necessary to admit that the wording of the LGSS in article 156 is clear, since it establishes a presumption of an accident at work.

Current difficulty in requesting an accident report

The third key is where the accident occurred, but in this situation, it is not very clear. Alfredo points out that, certainly, proving that the damage occurred outside the employee's home would be very complicated, taking into consideration the state of confinement in which we find ourselves, and in which every citizen is presumed to be isolated in his or her home 24 hours a day.

You can see the full article at Vozpópuli

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