The labour calification of illnesses or accidents. The difficult way for the recognition of occupational disease. In line with the criteria of the General Directorate of Social Security Management of occupational diseases of kellys

Abstract

We analyze the special problem of the recognition of occupational diseases of the kellys and the guidelines of the General Directorate of Social Security Management regarding the protection of groups that are not expressly stated in the list of Royal Decree 1299/2006, interpreting, with respect to the activities reflected therein, its character as an open list. However, taking into account previous pronouncements of the Supreme Court, it seems that these new instructions by the General Directorate of Social Security Management were not necessary. Even so, daily practice leads us to conclude that the administrative process of labour calification is slow, with very few guarantees for workers and that it leads to multiple occasions in the need to articulate the judicial process, making eternal the solution of the problem.