The Supreme Court rules that the time dedicated to the sandwich counts as working hours in the event of an accident

The Supreme Court (TS) has ruled that

even if it occurs outside the workplace.

The events occurred on November 8, 2016, at around 6:15 p.m., when a worker suffered a fall when she was going to have a snack at a bar located 60 meters from her workplace.

This event, which caused her temporary disability, led to a file that concluded with the declaration of an accident at work and the responsibility of Mutua Asepeyo.

The Social Court number 1 of Malaga dismissed the Mutual Society's claim because it understood that the accident took place at work, in

Therefore, it determined the incident as a work accident and declared Mutua Asepeyo responsible for the benefit in a sentence that was confirmed by the Superior Court of Justice of Andalusia.

The insurer appealed alleging that the presumption of an accident at work requires that it occur in the place and time of work, but not on the street when the worker is not entrusted with any activity.

But

because "the circumstances surrounding the case show that the accident occurred at work, as it occurred during the work time available to the employee to regain strength, purpose that is pursued with the rest whose time is precisely qualified as work".

This, he continues in his ruling, "without the fact that the place where the accident occurred was not exactly the place of his professional activity altering the link between the accident and work, insofar as his leaving the center with that end must be understood as a normal activity of working life that would not have occurred if we were not providing services".

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