On 13 May, the 3rd Labor Court of Jerez de la Frontera (judgment n°232/2022) held that a cleaner at the town’s hospital, who had been infected with COVID-19 in March 2020, could be considered to have suffered from an occupational accident.
The court first recalled that, according to the General Law on Social Security, injuries caused to workers during his or her working hours or at the place of work are presumed to be occupational accidents. The court held that the plaintiff could not reverse the presumption in this case. Indeed, the employee was working in the hospital’s cleaning service seven days prior to the first diagnosis of nasopharyngitis. Four days after, all the staff of the hospital’s dermatology section was infected with COVID. The time framework is thus coincident, especially considering that no relatives of the employee had been infected from COVID during that period. Consequently, the court has considered that it is very likely that the contagion took place in early March at the hospital, being thus his death an occupational accident.