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He falls in the bathroom during home office and the judge considers it a work accident

Labor rights are an essential issue to which we all aspire but not all of us have access. Unfortunately, there are many companies that do not offer health services to their employees despite the fact that this service is an obligation of the employer and is one of the most important.

If an employee does not have something that protects him in the event of an accident, then the expenses will have to be borne by him in a private service. In addition, he will not have any financial support during his recovery. Fortunately, the girl we are going to talk about today did have insurance and was able to use it despite working in modality home office.

Blonde woman wearing glasses sitting at a table using a laptop

A Spanish woman sued her company because while she was working at home as part of the modality home office, fell in the bathroom, causing trauma to his elbow and right side. Given the fact, and despite the fact that the company did not agree, the Labor Court #1 declared that the fall did count as a work accident.

The argument given by the company was that the worker did not fall while she was fulfilling the obligations assigned to her job, which involves sitting in front of the computer. However, the judge stressed that going to the bathroom is not something that is completely unrelated to work. Furthermore, he argued that:

If the incident had occurred inside a factory, office or store, no one would doubt that it was a work accident.

Laptop on a table and woman with hand on keyboard and mouse doing home office

The affected woman explained that she had fallen when leaving the bathroom, precisely to return to the computer, but the call center where he worked did not agree, because for them, being at home does not count as a work accident. The last word has not yet been said because although the magistrate has already endorsed the accident, the company still has an opportunity to appeal.

During the pandemic that began in 2020, many workers had the opportunity to continue working from home, but by continuing to provide their services to a company as such, it is fair that they continue to have access to the same rights and benefits, regardless of where they are. who carry out their activities. Or what do you think?

Source: Okchicas

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This article is published in issue 18 of Vanity Fair on newsstands until April 30, 2024. Join your hands proudly.

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