A worker tripping over a rug while telecommuting, a traffic accident on the way to the office, or a fall on the building steps – all can raise the same question: is this a function accident? Determining whether an injury qualifies as work-related is often complex, hinging on factors like habitual routes, time of day, and even minor deviations from the norm, according to legal experts.
Alejandro de Paz Martín, a labor lawyer with dPG Legal, explains that courts assess several criteria when determining a connection between an accident and professional activity. An “in itinere” accident – one occurring while commuting to or from work – is considered a work accident due to its direct link to employment, but requires meeting specific conditions. These include a teleological element, meaning the journey’s primary purpose is work; a geographical element, requiring the incident occur on the usual route; a chronological element, demanding the accident happen within a reasonable timeframe without significant detours; and an element of suitability of means, meaning appropriate transportation is used without reckless behavior.
The time, location, and route are all determining factors, but courts don’t apply them rigidly, de Paz Martín says. They analyze whether the overall journey maintains a real connection to work. For example, a detour to a nearby restaurant during a lunch break wouldn’t necessarily disqualify an accident from being considered “in itinere” if the deviation is habitual, and reasonable. The key is whether the behavior falls within normal daily routines. Only a significant deviation or a clear break in the journey for personal reasons would likely void the work accident designation.
The question of where the workday begins and ends is particularly relevant. Generally, if an accident occurs within a single-family home before accessing public space, the Spanish Supreme Court considers the worker still within their private sphere, and the incident is not classified as a work accident, unless exceptional circumstances exist. The reasoning is that the risk remains within a space under the worker’s exclusive use and control.
Although, accidents occurring in common areas of a building – stairwells, elevators, or communal garages – are treated differently. The Supreme Court has ruled that leaving the home and entering shared spaces removes the worker from their strictly private sphere. In these cases, if the displacement is for the purpose of going to work and occurs at a reasonable time, it can be recognized as an “in itinere” accident, signifying the start of the work journey.
Even a brief, reasonable detour for a personal errand doesn’t automatically disqualify an accident as work-related. The Supreme Court has clarified that a quick stop for a purchase after work doesn’t necessarily break the connection to employment, as long as the detour is reasonable and doesn’t significantly alter the route or usual return time. A substantial, prolonged interruption, or a clear disconnection from the work purpose, could lead to a loss of protection as a work accident.
The rise of remote work adds another layer of complexity. With telecommuting, a home can be considered a workplace, but only when an accident occurs during working hours and is related to professional activity. Courts reject a rigid definition of the “work zone,” acknowledging that accidents occurring while performing normal work tasks, such as going to the bathroom or getting a drink, can be considered work-related if they happen within the scheduled workday. The decisive factor remains working time; if the workday hasn’t begun or a connection to work activity can’t be proven, the accident is considered a common contingency, even if it occurs at home.
In a recent case analyzed by the Madrid High Court, a worker died of a heart attack in his home bathroom at 9:40 AM. While the company had set the workday to begin at 9:00 AM and connection to the computer system was used to confirm start times, the worker hadn’t connected or registered his start that day. The court acknowledged that a home can be a workplace but ruled against a work-related accident as the worker hadn’t formally started his workday or engaged in any work activity prior to the incident.
Legally, there’s a distinction between occasional remote work and a formal telework agreement. Spain’s Law 10/2021 on remote work defines regulated telework as service provision at a distance for at least 30 percent of the working time over a three-month period, requiring a written agreement between the company and worker. This agreement must specify the work location, schedule, company-provided resources, and a limited risk assessment for the designated workspace. Occasional or sporadic work from home doesn’t fall under this specific regime and is governed by general regulations, lacking the formal guarantees and obligations of regulated telework.
The economic and coverage differences between an accident being classified as work-related or common are significant. Temporary disability benefits for common contingencies provide 60% of the regulatory base from day four to day 20, increasing to 75% from day 21 onwards. In contrast, work accidents receive 75% of the base from the day after the accident, without any waiting period or prior contribution requirements. Permanent disability benefits similarly differ, with calculations more favorable for professionally-derived disabilities. If safety measures were lacking, companies may face surcharges of 30% to 50% on all benefits. Collective bargaining agreements often supplement work accident benefits to 100% of salary from day one and include mandatory insurance with fixed indemnities for permanent disability or death, benefits typically unavailable in cases of common illness.
To protect their rights, workers should immediately report any accident to their employer and request an accident report form to access mutual insurance services. This document confirms the company’s awareness of the incident and facilitates processing the claim as a professional contingency from the outset. Workers should then provide a precise account of how, when, and where the accident occurred to the mutual insurance provider, ensuring it’s accurately reflected in the medical report. If the company refuses to provide the accident report, the worker can still seek medical attention and inform the provider that the accident occurred while working, and should preserve evidence, identify witnesses, and retain any relevant documentation to support the claim.
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