Psychosocial risk assessment in the workplace: A well-established but controversial regulatory framework

Commentary on the Ruling of the High Court of Justice of the Canary Islands, 525/2025, of March 28

Abstract

The Judgment of the High Court of Justice of the Canary Islands, Social Chamber, dated 28 March 2025, dismisses any obligation to provide compensation for a work-related accident with serious psychological harm, despite the absence of a psychosocial risk assessment and the failure to implement the corresponding management protocols. The Court concludes that, although a prolonged labor dispute existed, a causal link between the preventive omission and the harm caused was not proven, which would exclude any obligation to provide compensation, distorting the regulatory core of the preventive system, namely the assessment of psychosocial risks, and eliminating the legal-preventive rationale. In contrast to this restrictive interpretation, the dissenting opinion offers a more protective interpretation. This commentary warns of the risks posed by a possible jurisprudential consolidation of this regressive line, which would void psychosocial risk assessment of content and weaken the standards for the effective protection of health and dignity in the workplace.