A court in Alicante has condemned the Valencian Government Department of Health to compensate more than a hundred doctors,

with amounts ranging from 5,000 to 49,000 euros

, for having to face the first wave of the Covid pandemic -19 with hardly any protection measures.

The Social Court number 5 of Alicante has given the reason to

the Medical Union of the Valencian Community

(CESM-CV) in a ruling in which it indicates that the Ministry of Health has "the obligation", in application of the

Prevention Law of Occupational Risks

, to "adopt measures and means of protection, both collective and individual." The judgment, which is not final and against which an appeal may be made, partially upholds the claims of the plaintiffs, who alleged that the Administration failed to comply with its obligations regarding the prevention of occupational hazards during the state of alarm declared by royal decree of March 14 "With serious risk to the safety and health of health personnel."

Consequently, Valencian Health is condemned to pay each of the 154 complainant workers

different amounts depending on the risk to which they were exposed

: 5,000 euros for those who worked without protection elements but did not become infected with coronavirus, 15,000 for those who 35,000 were isolated by contact, for those infected without hospital admission and 49,180 for health workers who had to be hospitalized.

The judge justifies his decision because they were and are the communities that have the competences in matters of Health.

In the case of the Ministry, "as an employer and security debtor, it was responsible for compliance with the regulatory framework for the prevention of occupational hazards for its health employees," says the sentence.

Despite this, "it has been proven that the measures adopted were not sufficient to guarantee the safety of the complaining employees." In this sense, the judge recalls that during the months of March, April and May 2020, Alicante health personnel "

only had one mask per week

for the provision of their services in the respective health centers, including patient care infected by coronavirus, since the masks that were available were kept under lock and key by those responsible for the respective center ", as the unions denounced at the time.

«The fact that it was necessary to keep the available masks under lock and key is proof that they had not been sufficiently stockpiled and that the masks that had been acquired before or during the alarm state were not enough to safeguard health and safety in the workplace ”, questions the ruling.

The Department always argued the lack of protection material in international markets during the first wave.

However, the ruling points to the

high number of infections among health personnel

at that time, so "it is highly likely that they took place in medical centers and as a result of insufficient security measures."

The Medical Union described the ruling as "devastating" and expressed its "satisfaction" because it recognizes "the serious risk that this negligent attitude has posed for the health and safety" of the health workers.

According to the criteria of The Trust Project

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