A fall during pause sandwich is a Work Accident.
The Basque High Court considers that an injury during the break down labor justifies causes.
A psychologist Basque Health Service (Osakidetza) left his job during the 15-minute break from their workday to go out for coffee and fell to the ground. He suffered injuries to his left elbow that forced him to take medical leave for more than a month. The Social Chamber of the Superior Court of the Basque Country has ruled that the lower results from an accident at work and not common disease, as claimed by ensuring mutual Osakidetza professionals.
On 26 June 2015, psychologist retired from the query where he works in the health center Durango (Durango) to relax and have a coffee during the break that all employees have established for the days that exceed six hours labor. But when she leave, she fell down and hit his elbow. Before the incident, the woman approached the doctor and was prescribed mutual licensed as a common disease, while the National Social Security Institute (INSS) determined that the mishap was an accident.
A court of first instance Bilbao estimated Mutualia arguments and considered that the situation of temporary disability of working was caused as accident. The TSJPV now holds, following an appeal by the woman, the fall “occurred during work”, since the rest time is “comparable to working time”. “It can be considered that we are facing an exit disconnected with the work until instants before been done”, but “the harmful element occurred during work,” she said in its judgment the Social Chamber of Bizkaia. And abounds that “has to consider not only work in the strict sense, but also the normal activities of work life”.
The judge who ruled in favor of mutual denied that the “event” occurred “during or resulting from work” and that the damage “does not occur in the workplace”. The maximum Basque Court dismantles this thesis, for which it is covered to the interpretation by the Supreme Court in an extension of consideration that supposed to be an a Work´s accident.
In short, I think we all should consider the fact that a given work accident is quite complex that involves not only the employees health but also their mental health which depending on the complexity sel sinistro, it can affect the future, not only in their daily lives but also their working lives.