Work accident and teleworking: casuistry and practical difficulties
Commentary on the Ruling of the Superior Court of Justice of Galicia 988/2022, of 25 February
DOI:
https://doi.org/10.51302/rtss.2023.10275Keywords:
accident at work, teleworking, presumption of employment, causal relationship, time and place of work, iuris tantum, casuistryAbstract
The current regulations do not establish specific provisions on the application of the traditional figure of the accident at work (art. 156 General Social Security Act) to the provision of services under a teleworking regime (neither Law 10/2021, on remote work, nor RDL 29/2020, do so), so that the courts and tribunals (as is the case of the Galician Superior Court of Justice) are dealing with resolving the casuistry that exists, setting interpretive criteria that, in case of divergence, the Supreme Court will have to match.