OCCUPATIONAL INJURIES
It is understood by all who work accident suffered by the worker and meets the following requirements:
- Whether it be an injury. Injury means any bodily harm or detriment caused by an injury, stroke or disease. Also be assimilated to injury or disease sequelae mental or psychological.
- That the injury is caused during a paid work. The lack of status prevents worker qualification accident.
- That there is a causal link between the injury and the realization of trabajo.Para be classified as an accident at work is sufficient that the causal link exists, without the need to appreciate its significance. Is considered to exist when it appears accredited breakdown of causal relationship between occupation and disease.
Are presumed to constitute an accident at work, unless proven otherwise, injuries sustained during the time and place of work. STS Room 4th of October 20, 2009. The TS estimated the appeal for the unification of doctrine brought by the applicant against that decision, reversing the instance, pleaded not work accident resulting from the death of the deceased. The Chamber notes that there are no data that can rebut the presumption of labor art. 115.3 LGSS in short myocardial infarction occurred in time and place of work and previously had a coronary disease can not destroy the presumption referred to, therefore, confirms the sentence of the request and declared that the death of employee was caused by accident.
This has been recognized as work accidents the following mental illnesses:
- The occupational stress or job stress: Consists of an impairment of health caused by work.
- The mental fatigue or burnout.
- Mobbing: It consists of physical or mental disorders caused by hazing or bullying.
This presumption of labor accident or illness work extends only to those that occurred in the time and place of work, and not to have occurred in the outward or return to work the same. Assimilation to the accident accident while traveling is limited to accidents in the strict sense and not to illness and disease processes.